JOYMALYA BAGCHI, J. - (1.) The appeal is directed against the judgement and order dated 28.04.2015 passed by learned Additional Sessions Judge, Nabadwip, Nadia convicting the appellant for commission of offence punishable under Section 448/323/376/511 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for one year and to pay a fine of Rs.1,000/ - in default suffer rigorous imprisonment for one month for the offence punishable under Section 448 of the Indian Penal Code, sentencing him to suffer rigorous imprisonment for one year and to pay a fine of Rs.1,000/ - in default to suffer rigorous imprisonment for one month for the offence punishable under Section 323 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 7 years and to pay a fine of Rs.5,000/ - in default to suffer further rigorous imprisonment for one and half years punishable under Section 376/511 of the Indian Penal Code, all the sentences to run concurrently and 50% of the fine amount, if deposited, shall be paid to the victim as compensation.
(2.) The prosecution case as alleged against the appellant is to the effect that on 10.06.2014 at about 5 p.m. the victim had gone to the house of Bhajan Das for the purpose of giving tuition to his son Abhay Das. When the victim reached the house of Bhajan, she found that Abhay was not present in the house and his mother, Astomi went out to call her son. The victim was in the house of Bhajan alone and was sitting on the cot as she had come from college and was not feeling well. She sat on the cot holding her head in her hands by bending herself. At that time, the victim heard the closing of the door and found that the appellant had entered the room.
(3.) The appellant closed the door from inside. Thereafter the appellant jumped on her without giving opportunity to her to get up from the bed. The appellant held her and assaulted her. She somehow managed to come out from his clutches. Thereupon the appellant pushed her from behind and her head struck on the door. Then the appellant caught her and pushed her on the cot and her head struck against the wooden stand used for the mosquito net. He tried to untie her wearing apparel and attempted to commit rape upon her. The victim cried for help. The appellant caught hold her throat and tried to strangulate her. She again called for help and the local people assembled and pushed open the door. She had become senseless. The appellant fled from the place and the victim was taken to the house. She narrated the incident to her mother and was taken to Maheshganj Hospital for treatment. Anita Debnath, mother of the victim lodged written complaint which was treated as F.I.R. Nabadwip P.S. Case No.352 of 2014 dated 11.06.2014 under Section 448/325/376/511 of the Indian Penal Code was registered for investigation. In conclusion of investigation, charge sheet was filed in the instant case. The case being a Sessions triable one was committed to the Court of Sessions and transferred to the court of Additional Sessions Judge, Nabadwip, Nadia for trial and disposal. In course of trial, prosecution examined as many as 10 (ten) witnesses. The defence of the appellant was one of innocence and false implication. In conclusion of trial, the learned trial judge by the impugned judgement and order dated 28.04.2016 convicted and sentenced the appellant, as aforesaid.;