IN THE HIGH COURT AT CALCUTTA CRIMINAL APPELLATE JURISDICTION APPELLATE SIDE Present:

The Hon’ble Justice Prasenjit Biswas C.R.A. 564 of 2010 Biswatosh Mondal & Ors.

-Versus-

The State of West Bengal For the Appellant : Mr. Q.A.M Firoz, Ms. Torsa Min Bahar, Ms. Shreya Srivastava, Mr. Shibotash Naskar, Mr. Debjit Ghosh.

For the State : Mr. Sanjay Bardhan, Mr. Pravas Bhattacharya.

Hearing concluded on : 12.06.2025 Judgment On : 20.06.2025 Prasenjit Biswas, J:-

1. The impugned judgment and order of conviction passed by the learned Additional Sessions Judge, Fast Track Court-II, Baruipur, South 24 Parganas dated 11th May, 2010 in S.T. Case No. 10(4)2009, S.C. No. 45(3)/2007 is assailed in this appeal on behalf of the appellants/convicts.

2. By passing the impugned judgment and order these appellants are found guilty for commission of offence punishable under Section(s) 448/323/34 of the Indian Penal Code and sentenced to suffer simple imprisonment for six months each for the offences punishable under Section 448 of the Indian Penal Code and they are also sentenced to suffer simple imprisonment for another one year each for the offence punishable under Section 323/34 of the Indian Penal Code. But the accused persons namely, Sukumar Mondal and Dipankar Naskar are found not guilty to the charge under Sections 448/307/354/334 of the Indian Penal code and they are accordingly acquitted from the case.

3. Being aggrieved and dissatisfied with the impugned judgment and order of conviction passed by the learned Trial Court, the present appellants have preferred this instant appeal.

4. During pendency of this appeal the appellant-convict no. 1, Biswatosh Mondal was expired on 18.04.2024 and the appeal stood abated against him.

5. In short campus the story of the prosecution is that:

“One Binoy Bhusan Dey, husband of the victim lodged a written complaint before Kolkata Leather Complex Police Station stating interalia, that they are the tenants under Gopal Mondal having residence at Bamanghata. On 05.07.2005 at about 9.30/10A.M. the accused persons committed criminal trespass by entering into his tenanted room and dragged his wife after covering her throat with cloth from the tenanted room to the house of the accused Biswatosh Mondal. The accused persons closed the gate with lock and bind the victim at the jackfruit tree with rope and thereafter she was assaulted by Biswatosh Mondal and his wife Anima Mondal with bamboo stick on her person. The other accused persons who were present at the spot told Biswatosh and his wife to murder the victim. It is further stated that at the relevant point of time this de-facto complainant was not present at the spot and he stayed at fishery. It is said that the accused Biswatosh Mondal and his wife Anima Mondal also outraged the modesty of his wife by tearing her wearing apparels. Thereafter, Gopal Mondal and his children informed the incident to Nemai Naskar at Bamanghata Bazar and thereafter, the owner of the fishery namely, Nemai Naskar along with others went to the house of the Biswatosh Mondal and rescued the victim when she was tied up with jackfruit tree and took the victim at Bamanghata Bazar and handed over her to this de-facto complainant. It is said that if Nemai Naskar did not rescue the victim then Biswatosh Mondal and his wife would kill her”

6. Over the complaint made by the de-facto complainant a case was started by the Kolkata Leather Complex Police Station Case being no. 55 dated 05.07.2005 under Sections 448/354/325/307/32 of the Indian Penal Code against the accused persons. After completion of investigation charge-sheet was submitted by the prosecution agency against the accused persons under sections 448/354/325/307/34 of the Indian Penal Code.

7. The learned Trial Court framed charge against all the accused persons under sections 448/307/34/354 of the Indian Penal Code on 21.04.2009 which was read over and explained to the accused persons and in reply they pleaded not guilty and claimed to be tri