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SHAMPA DUTT (PAUL)
Subhas Mondal – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Shampa Dutt (Paul), J.
THE APPEAL:-
1. The present appeal has been preferred against a Judgment and Order of conviction dated 19th day of April, 2016 and sentence dated 19th day of April, 2016 passed by the Learned Additional Sessions Judge (IE Act), Berhampore, Murshidabad in Sessions Serial No. 463 of 2010 (S.T. No. 6 of March, 2012) arising out of Berhampore Police Station Case No. 86/2010 dated 12.02.2010 under Section 376(2)(f)/511 of the Indian Penal Code, 1860 convicting the appellant and sentencing him to suffer rigorous imprisonment for two years and to pay fine of Rs.10,000/- i.d. to suffer R.I. for 2 months for the offence punishable under Section 354 of Indian Penal Code and in case of payment of fine amount, the same is to be given to the victim girl as compensation under Section 357 of the Indian Penal Code. Period of detention already undergone by the convict, if any, be set-off under Section 428 of the Code of Criminal Procedure.
THE PROSECUTION:-
2. The prosecution case in brief is that:-
The court established that the intention to outrage a woman's modesty is crucial in determining guilt under Section 354 IPC.
The main legal point established in the judgment is the interpretation of Section 354 of the Indian Penal Code, emphasizing the elements required to prove the charge and the essence of a woman's mode....
Attempt to outrage modesty of girl child – Sexual intention of accused is discernible from act of accused.
The court established that in cases involving minors, the presumption of sexual intent is critical, and school records are admissible for age determination.
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