RAMESHWAR CHAUBE Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 17.04.2003 passed by Sessions Judge, Pakur in Sessions Case No. 51 of 2001 whereby and whereunder appellant was convicted under Sections 354 and 323 of the I.P.C. and sentenced to undergo rigorous imprisonment for two years for the offence under Section 354 of the I.P.C. and undergo rigorous imprisonment for six months for the offence under Section 323 of the I.P.C.

(2.) THE case of prosecution, in brief, is that on 21.01.2001 at 08:00 a.m. in the morning informant was going for bath to Jojo Gara river. In the way, she was intercepted by the appellant. It is further alleged that appellant fell her on the ground with intention to outrage her modesty. It is then alleged that when the informant protested and raised alarm, appellant assaulted her with stone, due to that she received injuries on her mouth, teeth and lips. Thereafter, appellant fled away. Informant returned to her house and narrated the story to her husband.

(3.) THE court below vide order dated 13.09.2001 framed and explained the charges under Sections 376/511 and 323 of the I.P.C. to the appellant, to which appellant pleaded not guilty and claimed to be tried. Thereafter, prosecution examined altogether eleven witnesses and produced documentary evidence in support of its case. After close of the case of prosecution statement of appellant recorded under Section 313 of the Cr.P.C., in which his defence is of total denial. After considering the evidences available on record, the learned court below convicted and sentenced the appellant as stated above, against that the present appeal filed.