MD NAZIM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment of conviction dated 18th September 2000 passed by 1st Additional Sessions Judge, Hazaribagh in S.T. No. 557 of 1998 whereby the appellant has been convicted under Sections 376, 511 and 450 of the Indian Penal Code and sentenced to undergo R. I. for seven years under Sections 376, 511 of the Indian Penal Code and further sentenced for one year under Section 450 of the Indian Penal Code, both the sentences to run concurrently.

(2.) Brief facts leading to this conviction are that the informant Prakash Kaur was alone in her house situated at Kani Bazar, Ram Nagar Road, P. S. Sadar, district Hazaribagh in the afternoon on 30-6-98 at about 4.30 p.m. appellant having the tailor shop in front of her house knocked at her door. She has further stated that the appellant demanded some thread which was being used for tailoring. Further stated she tried to give thread through the grill but he requested to open the grill so that thread may be tallied with the colour of the cloth. Then she opened the grill but he asked for a glass of water. When she brought water she found the appellant in the room and he took out a knife and demanded the informant to undress her so that he may commit rape. This led to protest, in the meantime the elder sister of the informant Nikki came from outside and she asked the appellant to get out of the house. This led to another incident when the appellant tried to molest her at the point of knife. However the knife was not used and the appellant fled away after hot exchange of words.

(3.) After some time the mother of the girls, Charanjit Kaur returned from her work at 5.30 p.m. and she was informed about the incident. Next day on1stJuly 1998 the informant along with her mother and sister went to Sadar police station Hazaribagh and gave written report of the incident, on the basis of which Sadar P.S. Case No. 284 of 1998 was registered under Sections 376/511 and 452 of the Indian Penal Code. The Police investigated the case and finally submitted the charge sheet against the appellant under Sections 376/511 and 452 of the Indian Penal Code.