BISHNA RAM JAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant has preferred the instant appeal under Sec. 374(2) of the Cr.P.C. being aggrieved of the judgment dtd. 20/7/1995 passed by the learned Additional Sessions Judge, Nohar in Sessions Case No. 15/1995, whereby he has been convicted for the offence under Sec. 354 of the IPC and sentenced to undergo simple imprisonment of 1 year alongwith a fine of Rs.300.00 and in default of payment of fine, further to undergo 1 month's simple imprisonment.

(2.) Briefly stated, facts relevant and essential for disposal of the case are that on 3/11/1994 at about 07.30 a.m. Mrs. Prema wife of Bishna Ram made an oral complaint at the Police Station Nohar to the effect that on 1/11/1994 in the night at about 10.00 p.m. she was sleeping in the house with her children. Her husband has gone to Elanabad for employment. She woke up hearing the sound of opening the door, upon which she found the accused Bishna Ram in the house who caught her hand, bit on her hand and face and tried to outrage her modesty. Hearing the hue and cry, her brother-in-law Lalchand came. He called the husband of Prema, who could reach on the next day due to unavailability of means of transport. She told him about the incident. Due to threat given by Bishna Ram, they did not lodge the report on 2/11/1994.

(3.) On the basis of the aforesaid report FIR No. 339/1994 for the offences under Ss. 376, 511 and 457 of the IPC was registered and investigation was commenced. After usual investigation, a charge-sheet was filed against the present appellant.