FAKIRMAMAD AMAD NODE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present applicant has preferred this Revision under Section 397 read with Section 401 of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 18.2.1995 passed by the learned Judicial Magistrate First Class, Nakhtrana in Criminal Case No.177 of 1990, whereby learned Magistrate convicted and sentenced the applicant for the offence punishable under Section 354 of the Indian Penal Code, to suffer S.I. for a period of two years and fine of Rs.5000/, in default, to undergo further three months S.I. Same order is confirmed by the learned Sessions Judge, Kutch ­ Bhuj vide his order dated 26.6.2003 passed in Criminal Appeal No.2 of 1996.

(2.) AS per the complaint of the complainant, the accused had attempted to rape with the complainant and he assaulted upon the complainant. Thereby the complaint lodged by the complainant against the accused.

(3.) LEARNED APP Mr. Jani for the State submitted that the victim lady, who was working in the agriculture field and at that time, the accused made assault and attempted to rape upon her and thereby, present applicant committed offence. He drew attention to the evidences on record. Especially, he read crossexamination of the victim and she stated that she had relation with the accused as brother and sister and even though, the accused made such heinous act with the complainant. Therefore, the Revision is required to be dismissed.