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IN THE HIGH COURT AT CALCUTTA
ANANYA BANDYOPADHYAY
Swapan Sen – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Ananya Bandyopadhyay, J.
1. This appeal is directed against an order of conviction and judgment dated 17.02.2010 and 18.02.2010 passed by the Learned Judge, Special Court (E.C. Act-cum Additional Sessions Judge), Hooghly in Sessions Trial No.16 of 2005 arising out of Sessions Case No.49 of 2005, thereby convicting the appellant under Sections 366, 342, 376 read with Section 511 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 7 years and to pay a fine of Rs.5,000/- in default to suffer rigorous imprisonment for 6 months more for the offence under Section 366 of the Indian Penal Code and also suffer rigorous imprisonment for 1 year and to pay a fine of Rs.1,000/- in default to suffer rigorous imprisonment for 2 months more for the offence under Section 342 of the Indian Penal Code and also suffer rigorous imprisonment for 7 years and to pay a fine of Rs.10,000/- in default to suffer rigorous imprisonment for 1 year more for the offence under Section 376 read with Section 511 of the Indian Penal Code and all the sentences were run concurrently.
2. The prosecution case precisely stated on 03.10.2003, the appellant dishonestly and deceitfully indu
The court upheld the conviction for attempted rape based on the victim's testimony, corroborated by a witness and medical evidence, despite challenges regarding contradictions and lack of penetration....
Insufficient evidence for conviction under IPC Section 376(1) necessitates conviction for attempted rape under Section 376/511 due to partial penetration.
Partial penetration is sufficient for a conviction of attempted rape, reaffirming the necessity of proven intent to commit the offence.
The conviction of the appellant for sexual offences under IPC and the Goa Children's Act was upheld based on consistent testimony of the victim, emphasizing the necessity of protecting child victims ....
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