JAY SENGUPTA,J. - (1.) This appeal is directed against the judgment and order of conviction and sentence dated 03.12.2016 passed by the learned Additional Sessions Judge, Uluberia, Howrah in Sessions Trial No.35 of 2013, thereby convicting the appellant under Section 354 of the Penal Code and sentencing him to suffer rigorous imprisonment for two years and to pay fine of Rs. 1000/-, in default to suffer simple imprisonment for two years more.
(2.) Pursuant to an application filed by the de facto complainant / P.W.1 under Section 156 (3) of the Code filed on 23.6.2012, a First Information Report was registered on 26.09.2012 against the accused/appellant and another under Sections 324, 325, 341, 376, 379 read with Sections 511 and Section 34 of the Penal Code. It was alleged by the informant that on 8.4.2012 at about 9 p.m. when the informant was serving food to her cattle, the appellant, finding her alone, undressed her and gagged her mouth, threw her on the floor and tried to ravish her. After trying heard, the victim/informant could somehow extricate herself from the clutches of the appellant and fled away. On the next morning i.e., on 9.4.2012 this news spread amongst the neighbours. Consequently, the appellant attacked the informant's house and thrashed her with fists, blows and kicks. He even took away the earring of the victim that had fallen off in the process. The accused/appellant then gave the earring to the accused no.2. After getting information about the altercation, the petitioner's brother P.W. 4 came. But, the accused surrounded them with axes in their hands. The accused no.2 injured the hand of the informant/brother in the process. As a result of the damage caused by the accused, the informant suffered a loss of about Rs. 15,000/-. Earlier also the accused no.1, who happened to the informant's brother-in-law, gave her indecent proposal. He tortured her on several occasions. The police did not take any steps. The informant was constrained to approach a Court of law.
(3.) After completion of the investigation, a charge sheet was submitted against the present appellant on 23.07.2014. Charges were framed under sections 325, 376 read with sections 511 and 34 of the Penal Code. The appellant claimed to be innocent and the trial began.;