MD. SARFARAZ ALAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Revision has been preferred against the impugned judgment dtd. 14/2/2023 passed by the learned Sessions Judge, Chaibasa in Criminal Appeal No.07 of 2023, whereby the learned Sessions Judge, Chaibasa has dismissed the appeal and affirmed the judgment of conviction and the order of sentence dtd. 21/12/2022 passed by the learned Chief Judicial Magistrate, Chaibasa in G.R. Case No.307 of 2022 convicting the petitioner for the offence under Sec. 354-A, 354-D, 504 and 506 of the Indian Penal Code and sentenced him to undergo RI of two years for the offence under Sec. 354-A of the Indian Penal Code, RI of two years for the offence under Sec. 354-D of the Indian Penal Code with a fine of Rs.5000.00, in default of payment of fine, it is directed to undergo further SI of six months, RI of two years for the offence under Sec. 504 of the Indian Penal Code and RI of two years for the offence under Sec. 506 of the Indian Penal Code. All the sentences were directed to run concurrently.

(2.) The brief facts of prosecution case leading to this Criminal Revision are that the informant Meenu Kumari, the then officer-in-charge of Mahila Police Station, Chaibasa gave the written information with the Sadar Police Station, Chaibasa with these allegations that while she was posted as officer- in-charge of Mahila Police Station, Sadar, Chaibasa, on 25/2/2022, at 09:06 she received a phone call from the mobile No.9341620493 on her mobile No.8340715873 while she was at her residential quarter of Police Center, Chaibasa. After having received phone call, she asked the name and address of caller, he immediately requested her to make video call and also asked to pick up the same. She again asked the name and address of that person but he did not tell the same and disconnected the phone call. He again made the phone call over her mobile phone, on which, she told him her name and designation and also directed not to call further, on which, he behaved her in obscene language. She also made several efforts to make him understand, but he hurled filthy abuse, criminally intimidated her and threatened to outrage her modesty. He said to her that no one can do worst to him and whatever she to do, she could do. When she saw the call details of her mobile, she found that the person had given a missed call on 21/9/2021 and a call for four seconds on 24/9/2021. The bearer of the said mobile No.9341620493 had been continuously calling over her mobile phone, for the same, she was mentally disturbed. On this written information along with the call history details, which was annexed with the FIR, Chaibasa Sadar P.S. Case No.0024 of 2022 was registered under Ss. 354, 354-A, 354- D, 504 and 506 of the Indian Penal Code against the bearer of mobile No.9341620493.

(3.) The Investigating Officer after having concluded the investigation, filed charge-sheet against the accused Sarfaraz Alam under Ss. 354, 354-A, 354-D, 504 and 506 of the Indian Penal Code in the Court of learned Chief Judicial Magistrate, Sadar, Chaibasa. The learned Chief Judicial Magistrate, Sadar Chaibasa took cognizance on the charge-sheet and committed the case for trial.