RAJARSHI BHARADWAJ, J.

1. The instant appeal has been preferred against a judgment and order dated 30th August, 2011 passed by the learned Additional Sessions Judge, Fast Track Court, Tehatta, Nadia in Session Trial No. 01(12)/2010 arising out of Session Case No. 28 (05)/2010 convicting the accused/appellant Manik Ghosh under Section 354 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for two years for commission of offence punishable under Section 354 of the Indian Penal Code.

2. The prosecution case in brief is that on 24th August, 2006 at about 6.00 in the morning the de facto complainant of this case went for evacuation in a field situated by the side of her house and at that time suddenly accused Manik Ghosh from her behind placed one 'Gamcha' on her mouth and took her in a jute field and forcibly fell her down on the earth and violated her chastity and while the de facto complainant tried to raise voice then the accused person pressed her neck and stated to her that he would kill her if she tried to raise hue and cry but some men heard the voice of the de facto complainant and as a result the accused person left that place. Thereafter, the