MD ROYAL ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This Criminal Revision petition is med under Section 397 read with Section 401 of Cr. P.C. to set aside the judgment and order dated 2/9/1987 passed by the learned Sessions Judge, Sibsagar in Criminal Appeal No. 77(3) of 1985 affirming the judgment and order of conviction passed by the learned Judicial Magistrate, 1st Class Sibsagar in Case No. G.R. 1879 of 1981 convicting the petitioner under Sections 448 and 354 of IPC and sentencing him there under to imprisonment for six months under each count and to run the punishment concurrently. N.G. Das, J. - This Criminal Revision petition is med under Section 397 read with Section 401 of Cr. P.C. to set aside the judgment and order dated 2.9.1987 passed by the learned Sessions Judge, Sibsagar in Criminal Appeal No.77(3) of 1985 affirming the judgment and order of conviction passed by the learned Judicial Magistrate, 1st Class Sibsagar in Case No. G.R. 1879 of 1981 convicting the petitioner under Sections 448 and 354 of IPC and sentencing him there under to imprisonment for six months under each count and to run the punishment concurrently.

(2.) I have heard Mr. G.N. Sahewalla, the learned counsel for the petitioner and Mr. B.B. Narzary, the learned Public Prosecutor fully and perused the records of the case.

(3.) The facts of the case leading to this revision petition are as follows: On 12/9/1985 complainant Abdul Rahman lodged an F.I.R. with 0/C, Nazira Police Station alleging, inter alia, that on 10/9/1985 A.D. at about 11 A.M. when he was away from his house, the petitioner under the pretext of having a glass of water from his wife who was alone in the house at that time entered into his house and no sooner had his wife Must Rukumani brought a glass of water for the petitioner then the latter caught hold of her, dragged her towards the bed and tried to seduce her chastity. But the attempt of the petitioner was frustrated as Must Rukumani raised alarm and also gave resistance by means of a knife which she picked up from the bed.