KRISHNA PRAMANIK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is directed against the judgment and order of conviction dated 18th February, 2008 passed by the Additional Sessions Judge, Fast Track Court, Malda in Sessions Trial No. 93 of 2007 arising out of Sessions Case No. 145 of 2007.

(2.) The appellant was convicted under Section 354 of the Indian Penal Code and was sentenced to suffer imprisonment for a period of one year and directed to pay compensation of Rs.1000/- to the victim.

(3.) The prosecution case in brief is that on the 17th of March, 2007 at about 12:30 a.m., when the victim; Smriti Goswami (PW1), woke up to answer the call of nature, she was forcefully embraced/hugged by the appellant, Krishna Pramanik and was dragged to the cot inside her bedroom. The appellant is further alleged to have forcefully removed the victim's and his own wearing apparel and rubbed his genitals against her's. As the victim screamed aloud to raise alarm, the appellant is alleged to have gagged her and threatened her by brandishing a "Ramdaw" (a sharp weapon). The victim's hue and cry alarmed her maternal uncle, viz., Pabitra Goswami (PW 3), resident of the house opposite to the place of occurrence, that is the victim's house, and he immediately arrived at the spot to rescue her. The maternal uncle is stated to have caught the appellant with the help of some other neighbours who assembled thereat. The husband of the victim was stated to be searching for work in New Delhi at that point of time. The maternal uncle is stated to have then handed over the appellant to the police.