- (1.) The instant Criminal Appeal is directed against the judgment and order of conviction passed by the Learned Additional Sessions Judge, Diamond Harbour , South 24-Parganas in Sessions Trial No.3(3)06/ S.C. No.15(2)06 decided on 12.10.2006 whereby the appellant has been sentenced to suffer Rigorous Imprisonment for 5 years for commission of offence under Section 376 of the Indian Penal Code and to pay a fine of Rs.5,000/-, in default, to suffer further Simple Imprisonment for 5 months.
(2.) Put in a short frame, the prosecution case runs as under:- On 18.09.2005 at about 10.30 a.m. the prosecutrix (P.W.1) had gone to tend goats at Purkaiterchak burning ghat (samsan) and while she was tying the goats, the accused Gopal Naskar who is her co-villager all of a sudden came running and pressed her mouth and twisted her hands on her backside and attempted to rape her. She raised hue and cry. The accused threatened her to kill and told her not to disclose the incident to anybody. She returned home and narrated the incident to her grand-mother who again disclosed the incident to her uncle and others. Thereafter, she lodged a written complaint before the O.C., Raidighi P.S., on the basis of which Raidiighi P.S. Case No.81 dated 19.09.2005 under Section 354/376/511 IPC was registered. That case was investigated into and on completion of investigation charge-sheet was submitted under Section 376 IPC against the present appellant. Thereafter, the case was placed for trial before the Learned Additional Sessions Judge, Diamond Harbour, South 24- Parganas who framed charge under Section 376 IPC and alternatively under Section 376/511 IPC against the present appellant and after conclusion of the trial he held the accused guilty and convicted him as aforesaid.
(3.) Prosecution examined as many as 10 witnesses in its support. Statement of the accused/appellant was recorded under Section 313 of Cr.P.C. in which he denied the circumstances appearing against him in the prosecution case, pleaded innocence and false implication. However, he did not examine any witness in defence.;