USUF ALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE material on record before the learned Addl. Sessions Judge No. 2 Kota, was that on the night intervening 2nd and 3rd July, 1982 at about 2. 30 a. m. while Mst. Shamim, was sleeping in her house, the petitioner Yusuf Ali entered in to the house of Mst. Shamim, caught hold of the breast of Mst. Shamim and opened the lace of her Salwar, she was awakened and she raised the cry where-upon her brother and other members of family were also awakened and tried to catch hold the accused petitioner Yusuf Ali, but escaped. On this material appearing from the documents furnished by the police along with its report under section 173 Cr. P. C. the learned Addl. Sessions Judge No. 2, Kota framed the charges against the accused petitioner for the offences under sections 456 and 376 read with section 511 IPC.

(2.) THE only controversy is that according to the accused-petitioner, the material before the learned Addl. Sessions Judge No. 2, Kota, only showed that the accused petitioner used criminal force on Mst. Shamim, intending to outrage or knowing it to be likely that he will there by out-rage her modesty and thus, charges under sections 456 and 354 IPC only should have been framed against the accused petitioner and not charges under section 376 read with section 511 IPC.