(1.) This jail appeal has been preferred by the appellant, Rajesh Kumar Dubey against the judgment and order passed by Additional Sessions Judge/FTC-3 Lucknow, on 13/8/2009 in Session Trial No. 128 of 2009, arising out of Case Crime No. 645 of 2008, Police Station Hasanganj, District Lucknow, whereby the appellant has been convicted under Ss. 354, 376 read with Sec. 511 of The Indian Penal Code (in short "I.P.C.") and sentenced to undergo oneyear imprisonment under Sec. 354 of IPC and to undergo five years imprisonment and a fine of Rs.1,000.00 each with a default sentence of one month under Sec. 376 read with Sec. 511 of IPC. PROSECUTION CASE
(2.) The prosecution case in brief as per the first information report[FIR] (Ex.Ka.-4), which was lodged on 12/11/2008 at 6:10 (hours, a.m. or p.m. has not been written) on the basis of written complaint (Ex.Ka.- 1) of the victim 'X' (PW-1) at PS Hasanganj, District Lucknow by the victim is that she cooks food at the house of colonel S. K. Sharma in his presence. On 10/11/2008, at 9:00 p.m., the appellant reached the house of the victim and told the victim that colonel sahab had come and was calling her for cooking food, she reached the house believing his information and went inside the house by opening the gate. The appellant caught her arm and started molesting her. Hearing her cries, elder brother of colonel sahab Dr. Uma Kant Sharma and one other person, who had come to the house of Ratan Kant Sharma reached there, and saved the victim from the appellant by reprimanding him.
(3.) The FIR dtd. 12/11/2008 (Ex.Ka-4) was registered as case Crime no. 645 of 2008 under Sec. 354 of I.P.C. against the appellant at PS Hasanganj, District Lucknow at 6:10 (hours, a.m. or p.m. has not been written) by Head Constable Asharaf Ali (PW-4) on the basis of the written complaint (Ex.Ka.-1). The distance between the place of occurrence and the Police Station is about 1 Km.