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SIDDHARTHA ROY CHOWDHURY
Kamal Debnath – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Siddhartha Roy Chowdhury, J. - Challenge in this appeal is to the judgement passed by learned Additional Sessions Judge, 1st Court, Jalpaiguri in Sessions Case No. 390 of 2014 on 28th March, 2017 whereby learned Trial Court recorded an order of conviction and sentenced the convict to suffer rigorous imprisonment for three and half years for committing offence within the meaning of Section 376/511 of the Indian Penal Code and rigorous imprisonment for one year for the offence punishable under Section 448 of the Indian Penal Code subject to the provision of Section 428 of the Cr.P.C.
2. Briefly stated, the victim girl was 15 years of age as on 1st November, 2012. On the fateful day at about 1.30 p.m., while she was engaged in her study, the accused persons, who happened to be her next door neighbours, entered into the room and embraced her from behind. They also tried to take off her wearing apparels with an intention to ravish her. The victim girl screamed for help and the accused persons fled away. At the relevant point of time mother of the victim was not present in the house, after she came back the victim narrated the entire incident. However, they could not gather courag
An attempt to commit an offense under Section 511 of the IPC is not made out when the act in question is specifically covered by another provision of the IPC, such as Section 354B, which provides for....
The presumption of innocence, the need for a fair trial, and the requirement for the prosecution to prove all elements of the alleged offences were central legal principles established in the judgmen....
The consistent and credible testimony of the victim is crucial in cases of sexual assault, and the application of legal provisions must be carefully considered based on the specific circumstances of ....
Limitations of using a statement recorded under Section 164 of the Code of Criminal Procedure as substantive evidence, and the legal position on establishing guilt under Section 375 IPC.
The absence of penetration negates conviction under Section 376/511, but the act of attempting to outrage modesty warrants conviction under Section 354 IPC.
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