The testimony of highly interested witnesses cannot be relied upon to convict an accused person.

JUDGMENT :

(Md. Shabbar Rashidi, J.)

1. The appeal is directed against the judgment dated December 9, 2019 and order of sentence dated December 10, 2019 passed by learned Sessions Judge, Balurghat in connection with Sessions Trial No. 10/2018 arising out of Sessions Case No. 04/2018.

2. By the impugned judgment of conviction and order of sentence, the appellant was convicted for the offence punishable under Section 448/376/511 of the Indian Penal Code. He was sentenced to undergo rigorous imprisonment for 10 years and a fine of Rs.10, 000/-and in default of payment of fine to suffer Rigorous imprisonment for a further period of 6 (Six) months for the offence punishable under Section 376/511 of the Indian Penal Code. The appellant was also sentenced to undergo Rigorous Imprisonment of for 01 (One) year and to pay a fine of Rs.1,000/-and in default to suffer Rigorous Imprisonment of 01 (One) month for the offence punishable under Section 448 of the Indian Penal Code.

3. The victim lodged a written complaint with the officer in charge of Tapan police station stating inter alia that she was a housewife and used to reside in her house with two children. Her husband was away at Bangalore for avocation. On November 4, 2016 at about 9:30 PM, she was alone at her house, her children having gone to their paternal uncles house. At that time, the appellant entered into her room with an intention to commit rape upon her. The appellant called her, pulled out her wearing apparel, and started touching her private parts. He also tried to commit rape upon her. The appellant also inflicted brutal physical torture upon the victim. The victim called her neighbors for help. When the neighbors of the appellant namely Jayan Mahali and his wife came calling the victim whereupon, the appellant fled away.

4. Based on such written complaint, Tapan Police Station Case No. 357/16 dated November 5, 2016 under Section 448/376/511 of the Indian Penal Code, was started against the appellant. The police took up investigation and on completion of investigation submitted charge sheet under the aforesaid Section of the Indian Penal Code. Accordingly, charges under Section 448/376/511 of the Indian Penal Code were framed against the appellant on February 12, 2018. The appellant pleaded not guilty to the charges and claimed to be tried.

5. In order to bring home the charges leveled against the appellant, the prosecution examined 11 witnesses in all. In addition, the prosecution also relied upon certain documentary and material evidences.

6. Learned advocate for the appellant submitted that the prosecution has not been able to bring home the charges leveled against the appellant with the help of cogent and convincing evidence. The learned advocate has also submitted there are contradictions in the evidence on behalf of the prosecution and for such contradictions, appellant is entitled to be acquitted.

7. Learned advocate also submits that there are no eyewitnesses to the incident. Referring to the evidence of PW4 and PW5, it has been submitted that the aforesaid witnesses have claimed to be eyewitnesses, however, the aforesaid witnesses are relatives of the victim and as such they are highly interested witnesses. The conviction based on such evidence is not at all sustainable.

8. On the other hand, learned advocate For the State submits that the prosecution witnesses including the victim herself has fully supported the case of the prosecution. It was contended on behalf of the State that the prosecution witnesses have testified the details of the incident as narrated in the First Information Report. It has also been submitted that the prosecution witnesses are the neighbors of the victim and they arrived at the place of occurrence after hearing alarm from the victim.

9. Learned advocate for the State has contended that the learned court was quite justified in holding the appellant guilty of the offences charged and in convicting him. The judgment of conviction is base