BINDESHARI MISHRA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) INSTANT appeal has been preferred by the sole appellant, Bindeshari Mishra @ Bindeshwar Mishra against judgment of conviction dated 24.02.2010 whereby and whereunder he has been found guilty for an offence punishable under Section 354 of the IPC and order of sentence dated 25.02.2010 whereby period of custody already undergone has been inflicted therefor by Ad -hoc Additional Sessions Judge -FTC -II, Madhepura in Sessions Trial No. 166/2009.

(2.) BEREFT of unnecessary details, Guria Kumari aged about 14 years (PW -6) gave her Fard -e -beyan on 25.07.2009 disclosing therein that while her father accompanied her mother in the night of 24.07.2009 to PHC where she happens to be a nurse, she along with her sister and brother had gone to upstairs to sleep. While she was sleeping, another tenant of the same building whereunder she also was an occupant as tenant belonging to one Nageshwar Yadav, came and began to molest. Then thereafter, he untied her string and attempted to commit rape, on account of which, she raised alarm. Her brother and younger sister got awaken and on account thereof, Bindeshari Mishra @ Bindeshwar Mishra escaped therefrom. Subsequently thereof, her father returned back who came to know the fact. Then he informed her mother over which she also came back. Thereafter, Bindeshari Mishra @ Bindeshwar Mishra was caught hold. Her mother also informed Incharge, Doctor who sent the guard as well as compounder, Naeem Ji and with the help of aforesaid person, Bindeshari was taken to hospital. Police Station was informed. After arrival of Officer Incharge, her Fard -e -beyan has been recorded.

(3.) THE defence as is evident from the mode of cross -examination as well as statement recorded under Section 313 of the Cr.P.C. is of complete denial of occurrence as well as of false implication.