DHAREMDRA RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Challenge in this appeal is of judgment of conviction and order of sentence dated 09.05.2003, passed by Shri R.P. Rai, the then Presiding Officer, Fast Track Court No. -1, Buxar, in Sessions Trial No. 74/96, by which the sole appellant - Dharmendra Rai, stood convicted under Sections 354 of the Indian Penal Code (hereinafter referred to as the "IPC") and was sentenced to undergo R.I. for six months.

(2.) Prosecution case as per the fardbeyan of Sunita Devi, in short is that on 17.11.94 at about 8. A.M., she was going along with her mother to take bath in the Ganges river and when they reached near the bandh, her mother sat down to ease out herself and she proceeded ahead, in the meantime, accused Dharmendra Rai on the point of pistol tried to drag her and asked her to come along with him, on which she protested and raised hulla and on hearing the sound of hulla, her mother came and accused person fled away.

(3.) On the basis of the fardbeyan of the informant, Buxar (Muffasil) P.S. Case No. 143/94 was instituted against the appellant under Section 376/511 of the IPC and under Section 27 of the Arms Act.