MD. RAHMAN Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Appellants, Md. Rahman, Kalim @ Kalim Chik, questioned the propriety of the judgment of conviction dated 20.07.2015 and order of sentence dated 22.07.2015, passed by Additional Sessions Judge, VIIth, Patna City, Patna in Sessions Trial No.290/2008 whereby and whereunder they both have been found guilty for an offence punishable under Section 354/34 of the IPC and each one has been sentenced to undergo R.I. for three years as well as to pay fine appertaining to rupees ten thousand in default thereof, to undergo S.I. for two months, additionally.

(2.) Pw.1, Sahnaj Bano filed written report on 06.03.2007 at about 05.00 P.M disclosing therein that on the same day at about 01.30 P.M her daughter (name withheld) , aged about 6 years has gone to provide food to Hafiz of the mosque. After returning therefrom, Md. Rahman, Kalim Chik, lifted her in their lap and taken away inside their shop where, Rahman put her in his lap, Kalim pressed her mouth. Rahman attempted to commit rape whereupon, her daughter anyhow succeeded in rescuing herself, shouted whereupon, she along with others arrived at the shop of accused persons, till then, they both after closing the shop ran away.

(3.) After registration of Khajekala P.S Case No. 29/2007 investigation commenced and concluded by way of submission of charge-sheet, paving way for conduction of the trial, meeting with ultimate result, subject matter of instant appeal.