SHIV CHARAN MARDI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. L.C.N. Shahdeo, learned counsel for the appellant as well as Mr. Shailesh Kr. Singh, learned counsel appearing for the State.

(2.) This criminal appeal is directed against the judgment and order of conviction and sentence passed in Sessions Trial No. 79/2005 by the Learned Additional Sessions Judge, Fast Track Court-II, Seraikella, whereby and where under the appellant was held guilty for the offence punishable under Ss. 448, 354 of the Indian Penal Code and accordingly sentenced to undergo R.I. for one year under Sec. 448 of the I.P.C. and two years under Sec. 354 of the I.P.C. and both the sentences were directed to run concurrently.

(3.) The prosecution case initiated on the basis of a fardbeyan on 22/2/2005 at 10:00 AM of the informant Kumari Prabhavati Nayak alleging inter alia that she was residing as a tenant in the house of accused person. It is further alleged that there was a dispute of non-payment of rent by the informant. On 20/2/2005, when she was alone in her room, the appellant entered in her room and tried to commit rape but informant managed to escape and run towards Tayoo colony and entered in the house of Shankar Lohar, where appellant followed her and started quarrelling with Shankar Lohar, Putul Lohar and other members. Suddenly, scuffle took place between them in which Devendar Lohar was injured.