SAMAR DEBANGSI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgement and order of conviction dated April 25, 2006 and April 26, 2006 respectively passed by the Learned Court of Additional District and Sessions Judge Kandi, Murshidabad in Session trial No 2 of 2003/Session serial no. 67 of 2002.

(2.) The learned trial court vide his judgement found the present petitioner guilty of an offence of outraging modesty of the victim and an attempt to commit Rape upon her and thereby passed the order of conviction punishable under Sec. 354 and 376/511 IPC against the present appellant and sentenced him to suffer imprisonment for a term of two years in default to undergo further rigorous imprisonment for a term of three months for the offence committed under Sec. 354 IPC. The learned court further passed the sentence to undergo rigorous imprisonment for a term of 3 1/2 years and to pay a fine of Rs.5000.00 in default to undergo rigorous imprisonment for a term of 6 months for the offence committed under Sec. 376/511 IPC.

(3.) Being aggrieved thereby the instant appeal has been filed by the appellant for setting aside the said Judgement and order of conviction. Bereft of any details, the fact of the case is that the accused/appellant attempted to rape on February 6, 1998 at about 5 P.M at a sugarcane field when she went to attend nature's call.