SADHAN BARMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment dated December 9, 2019 and order of sentence dated December 10, 2019 passed by learned Sessions Judge, Balurghat in connection with Sessions Trial No. 10/2018 arising out of Sessions Case No. 04/2018.

(2.) By the impugned judgment of conviction and order of sentence, the appellant was convicted for the offence punishable under Sec. 448/376/511 of the Indian Penal Code. He was sentenced to undergo rigorous imprisonment for 10 years and a fine of Rs.10, 000.00 and in default of payment of fine to suffer Rigorous imprisonment for a further period of 6 (Six) months for the offence punishable under Sec. 376/511 of the Indian Penal Code. The appellant was also sentenced to undergo Rigorous Imprisonment of for 01 (One) year and to pay a fine of Rs.1,000.00 and in default to suffer Rigorous Imprisonment of 01 (One) month for the offence punishable under Sec. 448 of the Indian Penal Code.

(3.) The victim lodged a written complaint with the officer in charge of Tapan police station stating inter alia that she was a housewife and used to reside in her house with two children. Her husband was away at Bangalore for avocation. On November 4, 2016 at about 9:30 PM, she was alone at her house, her children having gone to their paternal uncles house. At that time, the appellant entered into her room with an intention to commit rape upon her. The appellant called her, pulled out her wearing apparel, and started touching her private parts. He also tried to commit rape upon her. The appellant also inflicted brutal physical torture upon the victim. The victim called her neighbors for help. When the neighbors of the appellant namely Jayan Mahali and his wife came calling the victim whereupon, the appellant fled away.