MANIRUL HAQUE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant criminal revisional application is filed by the petitioner being aggrieved and dissatisfied with the impugned judgment and order dtd. 20/5/2013 passed by the Learned Additional Sessions Judge, 3rd Court at Suri, Birbhum in Criminal Appeal No. 1 of 2008 affirming the judgment and order dtd. 29/11/2007 passed by the Learned Assistant Sessions Judge at Bolpur, Birbhum in Sessions Case No. 190 of 2006, corresponding to Sessions Trial No. 6 dtd. 23/11/2006 convicting the petitioner under Sec. 354 of the Indian Penal Code, 1860 and sentencing him to suffer simple imprisonment for one year and to pay a fine of Rs.1,000.00 in default simple imprisonment for another two months.

(2.) The prosecution case precisely stated on 3/6/2005 at about 8 PM, the victim lady namely, Unnati Das, a house-wife, proceeded to her elder brother-in-law's house, namely Sukumar Das, towards the village road. On the eastern side of the house of said Sukumar Das, the grocery shop of the petitioner is situated. The Petitioner sitting in front of his said shop saw the victim lady and on the pretext of taking the torch light from the said victim lady, he came close to her and forcibly took her into his said grocery shop with an intent to commit rape. The said victim lady resisted herself and raised alarm and hearing the same, the said Sukumar Das along with his wife, namely Sulekha Das, came to the spot and the co-villagers namely Uday Barman, Md. Sudin, Naresh Mudi and others came to the said spot and the victim lady narrated the said incident to all of them, who appeared at the spot immediately.

(3.) On the basis of such complaint, Bolpur Police Station Case No. 80 of 2005 dtd. 3/6/2005 under Ss. 376/511 of the Indian Penal Code 1860 was initiated for investigation. The investigation ended in the submission of Charge-Sheet under Ss. 376/511 of the Indian Penal Code, 1860.