- (1.) THIS appeal arose out of the judgment and order dated 19/20.1.2005 passed by the learned Additional Sessions Judge, Fast Track Court -II, Krishnagar, Nadia, in Sessions Trial No. XVI of September, 2004 arising out of Sessions Case. No. 46 of August, 2004 and thereby convicting the appellant for commission of offence under sections 376/511 of Indian Penal Code and sentencing him for a term of 3 1/2 years RI.
(2.) IN the background of this appeal, the fact in a nutshell is as follows : One Nasera Bibi, wife of Asgar Ali of Mira Dighirpara under P.S. Kaliganj, Dist. Nadia, lodged a written complaint with I.C., Mirabazar R.O.P., on 18.7.2004 alleging, interalia, that in the night of 17.7.2004 she was sleeping along with her child in her room. Her husband had not been at the house at the material time. It was then 11 p.m. at night. The accused cut the split bamboo fencing of the room of the de facto complainant and entered into the room of the de facto complainant and embraced her with intent to commit rape. After entering into the room, the accused embraced the de facto complainant. Then the de facto complainant raised outcry to resist the accused but the accused forcibly made the de facto complainant lie on the floor of her room and lay on her body with intent to commit rape on her. Then the de facto complainant raised outcry loudly to save her chastity. The de facto complainant sustained bleeding injury on her nose as the accused pressed the nose -ring of the de facto complainant and mouth. Before fleeing away, the accused threatened her to commit murder like Mahila Bibi if the incident is disclosed to the covillagers.
(3.) A complaint was lodged. After investigation, police has submitted charge -sheet against the accused person under sections 448/376/511 of Indian Penal Code.;