AKHILESH PRASAD @ AKHILESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant, Akhilesh Prasad @ Akhilesh Kumar has been found guilty for an offence punishable under Section 354 of the IPC and sentenced to undergo R.I. for five years as well as to pay fine appertaining to rupees five thousand in default thereof to undergo S.I. for one year additionally vide judgment of conviction dated 25.03.2015 and order of sentence dated 30.03.2015 passed by Additional Sessions Judge, VIth, Jehanabad in Sessions Trial No.444 of 2014.

(2.) Pw. 3 (name withheld) filed written report on 06.10.2014 alleging inter alia that she happens to be student of B.A. Part-II. On 06.10.2014 her parents have gone to purchase medicine. At about 06:00 PM while she was engaged in lightening and being alone, her co-villager Akhilesh Prasad intruded inside her house stealthily, came at courtyard and caught hold her. He threw her on the ground with an intention to commit rape, she resisted whereupon, he used to force. Seeing no an alternative, she raised alarm over which her cousin Kaushlendra as well as her neighbours came, caught hold him, assaulted Akhilesh. Anyhow, he managed to his escape.

(3.) On the basis of the aforesaid, written report Pali P.S. Case No.36/2014 was registered under Section 376/511 of the IPC whereunder charge sheet was also submitted after concluding investigation paving way for trial which ultimately concluded in a manner, subject matter of instant appeal.