JAKIR ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dtd. 2/3/2013, passed by Shri Vijai Kumar Sharma, Additional Sessions Judge-I, Lohardaga in Sessions Trial No. 252 of 2006 arising out of Kisko P.S. Case No. 41 of 2006 corresponding to G.R. No. 334 of 2006, holding the appellant Jakir Ansari guilty of the offences under Sec. 379 and 354 of the Indian Penal Code and thereby sentencing him to undergo R.I for three years for the offence under Sec. 379 of the Indian Penal Code and R.I for two years for the offence under Sec. 354 of the Indian Penal Code. Learned Trial Court also imposed fine of Rs.1,000.00 each for the aforesaid offences. In default of payment of fine, he was further directed to undergo S.I for one month. Both the sentences were ordered to run concurrently.

(2.) Prosecution case was instituted on the basis of the written report of the Informant, alleging therein that on 19/7/2006 she was sleeping in her house with her children. At that time, her husband was not present. At about 12.00 a.m. she felt that somebody was probing her. she raised alarm. She saw that this appellant was present there and he started threatening her and also asked her to disrobe. When she resisted, he inflicted knife injury on her person and also on her sister who was sleeping in the same house. Thereafter, he fled away. She also found that the appellant had stolen her jewellery and two thousand rupees in cash from her house.

(3.) Charge was framed against the appellant under Sec. 376/511 and 379 of the Indian Penal Code. content of charge was read over and explained to the appellant in Hindi, to which he pleaded not guilty and claimed to be tried.