Decided on June 09,1958

Sailendra Kumar Roy Choudhury Appellant
Territory Of Tripura Respondents


J.N. Datta, J.C. - (1.)THE appellant Sailendra Kumar (Roy) Choudhury was committed to the Court of Session, to stand trial on a charge of attempted rape on Jyotsnarani (P.W. 1), a young widow, aged about 25, and which offence is punishable under S. 376 read with S. 511 of the Indian Penal Code. The learned Sessions Judge however added an alternative charge of using criminal force with intent to outrage modesty, punishable under S. 354 of the I.P.C., before the commencement of the trial in the Sessions Court.
The trial resulted in the conviction of the appellant under S. 354, I.P.C., and the sentence awarded to him is R.I. for a period of six months.

(2.)AT the relevant time, - -the occurrence is said to have taken on the night between 12 -7 -57 and 13 -7 -57, the Appellant was the Officer -in Charge of the Police Station at Sabroom, the Head quarters of the Sub -Division of that name, and the alleged victim Jyotsnarani used to live in her house with her mother in that quarter of Sabroom, which is known as Amtali, and which is about a quarter of a mile from the Police Station. There are houses of others on all sides of the house of the prosecutrix, and her mother -in -law and brother -in -law lived in a house separated from hers by one house only.
The prosecutrix and her husband, who died about a year ago, migrated to Sabroom from East Pakistan, which adjoins Sabroom, about 9 years ago, and at the relevant period, the prosecutrix was working as a Dafter in the Primary School at Sabroom. As the sketch map of the locality (Ext. p -11) will show, the house of the prosecutrix is situated within a compound fenced in with bamboo fencing, which has a gate opening on the path towards the south and consists of three main structures, structure A being used for residential purposes. To the south of the house of the prosecutrix, and facing it, but divided by the path is the compound with the house, belonging to Ananta Dey (P.W. 3). This path runs east -west, and leads to the Police Station, the S.D.M.'s house etc. towards the west.

(3.)THE appellant then lived in his quarters with his family, and it is evident that he and the prosecutrix had not met before the day of alleged occurrence and were not acquainted with each other from before.

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