DHARMPRAKASH BADA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The matter is heard through Video Conferencing.

(2.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 14.11.2006 passed by 3 Additional Sessions Judge, Ambikapur, Sarguja, F.T.C, C.G. in Sessions Trial No. 330/06, whereby the appellant stands convicted for the offence under Section 354 of Penal Code, 1860 (for short, 'IPC') and sentenced to undergo rigorous imprisonment for two years and fine of Rs. 100/-, in default of payment of fine amount to undergo additional imprisonment for 15 days.

(3.) Case of the prosecution in brief is that on the date of incident i.e. 28.06.2006 at about 3 : 00 pm, prosecutrix, aged about 30 years, was sleeping under the jackfruit tree, at that time, accused/appellant came there with an intent to outrage the modesty of the prosecutrix and to humiliate her, caught hold of her hands, removed her Saree and tried to rape her. On this, she raised hue and cry and somehow came out of his clutches, ran away from there. Hearing her voice, Simon and Chuvanti came there to save her, and on seeing them accused/appellant filed from the spot. On the next day i.e. 29.06.2006, she went to the police station and lodged FIR Ex. P-1 against the accused/appellant which was registered in police station Darima, Sarguja, under Crime No. 71/2006.