Rajarshi Bharadwaj, J. - (1.) This appeal arose out of a judgement and order dated 29th January, 2016 and 30th January, 2016 passed by the learned Additional Sessions Judge, Fast Track Court, Durgapur, Burdwan in Sessions Trial no. 9 of 2015 arising out of Sessions Case No. 239 of 2013 convicting the appellant for commission of offence under Section 458/354 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for seven years for offence punishable under section 458 of the Indian Penal Code and further sentencing him to suffer rigorous imprisonment for five years and to pay a fine of Rs. 5000/-, in default to undergo simple imprisonment for six months for the offence punishable under Section 354 of the Indian Penal Code and directing that both the sentences would run concurrently. It was further directed that the fine amount if paid, Rs. 3,000/- would be paid to the victim Panna Pal.
(2.) The prosecution case in short is that Panna Pal lodged a complaint to the effect that her husband Akshoy Pal was a driver by profession and he had to stay outside and/or return late at night for his profession. Getting opportunity of absence of her husband, Milan Pal on several occasions used to give the victim sordid proposal. On 18th May, 2013 at about 9 p.m./10 p.m. the accused Milan Pal entered into her house crossing the boundary wall, dragged her on a bed and tried to commit rape by putting off her saree and blouse. When she cried out for help, Milan Pal pointed a pipe gun on her forehead and threatened that if she would shout, all the family members will be killed. When she cried out for help for saving her modesty without caring safety of life, then after assaulting her, he fled away.
(3.) On the basis of the written complaint lodged by Panna Pal, a criminal case, being Pandaveswar P.S. Case No. 77 of 2013 dated 19th May, 2013 under Sections 376(1) of the Indian Penal Code was registered and on completion of the investigation the police submitted charge sheet against the accused Milan Pal. In course of trial, charges were framed under Sections 458/354/376 read with Section 511 of the Indian Penal Code against him to which he pleaded not guilty and claimed to be tried.;