AZAD KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, Azad Khan, vide judgment of conviction dated 16.11.2017 and order of sentence dated 17.11.2017, has been found guilty for an offence punishable under Section 448 IPC and sentenced to undergo RI for one year, under Section 376/511 of the IPC and sentenced to undergo RI for five years as well as to pay fine appertaining to Rs. 10,000/- in default thereof, to undergo RI for one year, additionally, with a further direction to run the sentences concurrently, by 2nd Additional Sessions Judge, Jehanabad in Sessions Trial No. 42/2014/143/2014 arising out of Arwal Mahila PS Case No. 28/2013.

(2.) Sunil Dutta (PW-3), filed a written report on 25.11.2013 at about 9:00 PM disclosing therein that he happens to be resident of Village-Rashidpur. He used to reside at Patna along with his children. His wife was alone at his house. Seeing alone and being deaf and dumb, Azad Khan, a ruffian intruded inside his house and with an intention to commit rape tried to undress her and during course thereof, she was also assaulted as, has protested. During course thereof, he also snatched away chain. His wife immediately rushed to the place of his friend, Lalji Singh (PW 3) and began to weep. His friend telephonically informed that your wife is weeping. He is unable to perceive her indication. Then he came from Patna. His wife disclosed the event and took him to the house of the accused in order to properly affix identification the accused.

(3.) After registration of Arwal Mahila PS Case No. 28/2013, investigation commenced and completed by way of submission of charge-sheet, facilitating the trial meeting with the ultimate result, subject matter of the instant appeal.