Kolkata:
The Calcutta High Court on Friday suspended an earlier order by a trial court in West Bengal and sentenced and sentenced an accused under the safety of children from sexual offenses and sentenced that a victim’s breasts could only support an attempt of “excited sexual attack” and not “try” to “rape”.
The trial court found the accused guilty of both “sexual harassment” and “attempt to rape”, and sentenced him to 12 -year rigorous imprisonment.
Hearing the appeal, a division bench of Justice Arijit Banerjee and Justice Biswarup Chaudhary also observed that the victim’s medical examination in the case did not indicate any admission or admission attempt.
It was noted that, according to the victim’s version, the accused tried to “flock her breasts” under the influence of alcohol.
The division bench said, “Such evidence can support an increased sexual assault allegation under Section 10 of the POCSO Act, 2012, but Prima Feshi did not indicate the attempted rape crime.”
It was also observed that if after a final hearing, the charge is extended only for “increased sexual assault” and “rape efforts” for both “increased sexual assaults”, the imprisonment for the convict would also be reduced between 12 years to five and seven years, which applies in case of “rape efforts”.
In this particular case, the convict has already spent 28 months behind bars.
The bench ordered that the order of punishment and punishment would be suspended till the disposal of the appeal or further orders, whichever is earlier. It was also on payment of fine till the disposal of the appeal.
However, at the same time, the Division Bench also clarified that its comments should have no effect on the appeal hearing.
(Except for the headline, the story has not been edited by NDTV employees and is published by a syndicated feed.)
