SHEIKH BASHIR KHAN Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 5.12.1989 passed by the learned Addl. Sessions Judge, Jeypore at Nowrangpur in S.C. No.29 of 1989 convicting the appellant for commission of offence under Section 354 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for a period of one year.

(2.) CASE of the prosecution is that the victim Gomati Majhee while taking bath alone in the river on 8.12.1987, the appellant came from her back, caught hold of her, carried her to the nearby field, squeezed her breasts and attempted to commit rape. When she shouted one Hara Majhi came to her rescue and the appellant fled away. Investigation was taken up and after completion of investigation, charge -sheet for commission of offences under Sections 376/511 of the I.P.C. had been filed. Plea of the appellant was denial of the entire occurrence.

(3.) IN the F.I.R. the victim alleged that on the date of occurrence she was taking bath alone in a river, the appellant came from her back side, put his hand on the shoulder, laid her on the ground and requested for sexual intercourse. It is also alleged that attempt was made by the appellant to commit rape. In her deposition she has stated that on the date of occurrence while taking bath, the appellant came from back side, lifted her to a distance where after she threw her on the ground and attempted to commit rape. She has specifically stated that the appellant squeezed her breast resulting in injury and the manner in which he attempted to commit rape. So far as this part of deposition of P.W.1 is concerned, there is nothing in the cross -examination to disbelieve the same. The only variance in the statement of the victim deposed in the Court is the place where an attempt to rape was committed. The victim sustained injuries on her breasts which is corroborated by the evidence of her husband as P.W.4. From the evidence of P.W.7, Circle Inspector, Umerkote, it appears that the victim was sent to Dabugaon Primary Health Center for medical examination. The medical report which has been exhibited as Ext.2/1 clearly shows that there were six abrasions on the left breast and multiple injuries on the right breast. On consideration of such evidence on record, I do not find any reason to interfere with the order of the trial Court convicting the appellant for commission of offence under Section 354 of the I.P.C.