KAMAL BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been preferred against the judgement and order of conviction and sentence dated 4th January, 2016 and 5th January, 2016 passed by the Additional Sessions Judge, 2nd Fast Track Court, Berhampore, Murshidabad in Sessions Serial No. 95 of 2009 whereby the appellant was convicted for the offence punishable under section 354 IPC and sentenced to suffer rigorous imprisonment for two years and to pay fine of Rs.10,000/- in default of which to suffer rigorous imprisonment for three months for the aforesaid offence.

(2.) The facts leading to the instant appeal may be summarized as follows :

(3.) On 10th May, 2007 at 10.35 hours one Sadananda Ghosh lodged a written complaint at Shaktipur B.H. alleging that on 7th May, 2007 at about 17.30 hours his wife Sumitra Ghosh had gone out to arrange for their minor daughter's private tutor. After some time, on her way back to the house she heard cries of her daughter aged about six years. On reaching home her daughter informed her that the accused Kamal Biswas came to the house and pressed her body with his penis. He threatened her with dire consequence if she disclosed this incident to anyone. The incident was reported to the village Panchayat but in vain. Since no fruitful result followed, the instant complaint was lodged which was duly forwarded to the Officer-in-Charge of Rejinagar P.S. On the basis of the aforesaid written complaint the case was initiated being Rejinagar P.S. Case No. 69 of 2007 dated 10.05.2007 under section 354/506 IPC against the accused/appellant. Investigation culminated in the submission of the charge-sheet under section 354/506 IPC and under section 376/511 IPC against the accused/appellant.