MOHD SAGEER KHAN Vs. STATE OF U P

JUDGEMENT

(1.) UNDER challenge in this appeal is the judgment and order dated 17.1.2011 passed by learned Additional Sessions Judge/F.T.C. -2, Faizabad in Sessions Trial No. 509 of 1999, arising out of case crime no. 4 of 1997 under Section 354 & 506 I.P.C. and Section 3 (1) (x) of the SC/ST Act, Police Station Jahangirganj, District Ambedkar Nagar whereby appellant Mohd. Sageer Khan was convicted for the offence under Section 354 I.P.C. and was sentenced to undergo simple imprisonment for a period of one and a half year and also with fine of Rs. 4,000/ - with default stipulation of four months additional simple imprisonment. No appeal has been preferred by the State or on behalf of the complainant challenging acquittal under the other offences.

(2.) BRIEF facts necessary for the disposal of the instant appeal are that on 12.1.1997 daughter of the complainant aged about 20 years (hereinafter referred to as the victim) had gone to the field to bring grass. While she was going by the side of the sugarcane field, the appellant came out of said field and caught hold of the victim with the intention to commit rape with her. The appellant started dragging her towards the sugarcane field. The victim raised alarm, the appellant extended threats of her life. Hearing alarm of the victim, Lal Chandra, wife of the complainant reached there and the appellant ran away from there extending threats of dire consequences. After the incident, the younger brother of appellant Shakeel, named Babloo armed with gun reached there and extended threats to the complainant side for not lodging the F.I.R. of this case.

(3.) F .I.R. of this case was lodged on 13.1.1997 at 17:30 hours. During investigation, the Investigating Officer, inspected the place of occurrence and prepared site plan. After completion of investigation, charge sheet was filed against appellant and his brother Babloo. After trial appellant Mohd. Sageer Khan was convicted as above and Shakeel alias Babloo was acquitted of the charges levelled against him.