KHOKAN DEBNATH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This criminal appeal has been filed against a judgement and order of conviction and sentence dated April 30,2007 passed by the Learned Additional District and Session Judge, Fast Track Court, Alipurduar, Jalpaiguri in Sessions Case No 79/2006 whereby the order of conviction was passed against the appellant under Sec. 342 of the Indian Penal Code and sentenced him to suffer Rigorous Imprisonment for 1 year and further convicted under Sec. 506 of the Indian Penal Code and sentenced to Rigorous Imprisonment for 1 year and also convicted under Sec. 376 /511 of the Indian Penal Code and sentenced to suffer Rigorous Imprisonment for 5 years and to pay a fine of Rs.1000.00 in default to suffer Rigorous Imprisonment for 1 month more.

(2.) The prosecution case as per the F.I.R qua the written complaint as was submitted by Paritosh Debnath on September 5, 2006 against the present appellant alleging that on September 11, 2005 at about 6 P.M. before the (Shamuktala Police Station) when his minor daughter i.e. the victim girl went to watch the T.V programme at the house of his neighbour Khokan Dennath then by taking advantage of the absence of any one in the house, he tried to commit rape on his daughter. It was further alleged that he pressed a piece of cloth on his daughter's mouth and she could not shout however she somehow managed to run away from his house. After that she narrated the entire incident to her mother which was informed to his relatives and neighbours. It was further mentioned in the written complaint that the de-facto complainant was asked to resolve the dispute within the village and accordingly a salish was called but no solution could be arrived resulting a delay in filing the complaint.

(3.) On the basis of the said written complaint the Shamuktala P.S. case No 87/2005 dated October 3rd, 2005 under Sec. 342/376/511/566 IPC started against the appellant and after completion of investigation the I.O. submitted the charge sheet on 31/12/2005 under Sec. 342/376/511 /506 against the present appellant. The charges being triable exclusively by the Session Court the case was committed before the Learned Session Judge which was subsequently transferred to the court of Learned Additional District And Session Judge 1ST Fast Track Court, Alipurduar, Jalpaiguri where the charges were framed by the Learned Court considering the materials on record under Sec. 342/376/511/506IPC against the accused person and he pleaded not guilty and claimed to be tried. Hence the trial commenced. The Learned court after hearing the parties and after assessing the evidences adduced on behalf of the prosecution passed the order of conviction against the present Appellant. Being aggrieved thereby this appeal has been filed. Submissions