KALYAN PAUL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Petitioner-Kalyan Paul @ Kalyan Pal has filed this application against the judgment dtd. 28/6/2016, passed by Shri Kamal Kumar Srivastava, Additional Sessions Judge-VI, Giridih in Criminal Appeal No. 86/2012, whereby and whereunder, learned Additional Sessions Judge-VI, Giridih dismissed the appeal of the petitioner by upholding the judgment of conviction and order of sentence dtd. 12/9/2012, passed by Shri Raj Narayan Mishra, Assistant Sessions Judge-I, Giridih in Sessions Trial No. 215/2002 arising out of Town P.S. Case No. 227/2001 corresponding to G.R. No. 1685/2001, holding the petitioner guilty for the offences under Sec. 323, 341 and 354 of the Indian Penal Code and sentencing him to undergo S.I for one year for the offence under Sec. 354 of the Indian Penal Code; S.I for six months for the offence under Sec. 323 of the Indian Penal Code and S.I for one month for the offence under Sec. 341 of the Indian Penal Code. All the sentences were ordered to run concurrently.

(2.) Prosecution case was instituted on the basis of the written report of the prosecutrix alleging therein that on 30/9/2001 at 9.30 am, the petitioner who was her brother-in-law, entered into the kitchen where she was cooking and caught hold of her breast and also tried to disrobe her with an intention to rape her.

(3.) In order to prove its case, prosecution has adduced both oral and documentary evidence. Both the learned Trial Court and the learned Appellate Court on the basis of the evidences available on the record, came to concurrent finding regarding the guilt of the petitioner.