MIR MOUZE ALI Vs. EMPEROR

JUDGEMENT

(1.) In this case the appellant, who was a Head Constable named Mir Mouze Ali, has been convicted at a trial by the Jury of offenses under Section 334 (extortion), 448 (house trespass), 342 (wrongful confinement) and 323 read with Section 109 for abetment of the offence of voluntarily causing hurt. He was tried along with another man who was a constable called Belat Ali, who was found guilty of an offence under Section 354 which offences is that of assaulting or using criminal force to a woman with intent to outrage her modesty. He was also convicted of offences under sections 323 and 342 of the Indian Penal Code. The second accused has not appealed.

(2.) We have to deal at the present moment with the appeal of Mir Mouze Ali alone.

(3.) There were other charges against these two men in respect of which they were acquitted. The first accused was charged with abetment of rape under Section 376 road with Section 109 and the second accused was charged with rape under Section 376. Of these charges the accused were acquitted. There was a further charge against the first accused under Section 354 together with Section 109, that is, the abetment of assaulting a woman with intent to outrage her modesty. He was acquitted of that charge. There was a charge against the second accused under Section 384, together with Section 109, that is, the abetment of extortion, and the second accused was acquitted of that charge.