MAHALAL HAMBRAM Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) ON repeated call, but nobody appeared on behalf of the Appellant to argue the case. On the request of the Court, Mr. M.B. Lall, argued the case on behalf of the Appellant as amicus curie.

(2.) THIS appeal is directed against the judgment of conviction and order of sentence dated 20.6.2002 passed by Shri S.K. Kartiyar, Additional Sessions Judge, IV, Dhanbad in Sessions Trial No. 43 of 2000, by which judgment he found the Appellant guilty under Section 376 of the Indian Penal Code and sentenced him to undergo R.I. for 7 years.

(3.) ON the other hand, learned Counsel for the State has opposed the prayer and submitted that the evidence of the prosecutrix as well as the evidence of her two sons -P. Ws. 1 & 5, shows that the Appellant committed rape upon the prosecutrix, at least, he committed the offence under Section 354 of the Indian Penal Code as he attempted to molest her.