SUBASH ROY Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction and order of sentence dated 31.03.2003 passed in S.T. Case No. 133 of 2002/07 of 2003 by 2nd Additional Sessions Judge (Fast Track Court) Jamtara whereby and where under the appellant has been found guilty under Section 354 of the I.P.C. and sentenced to undergo R.I. for 1 year. The period of his custody was ordered to be set off against the period of sentence.

(2.) The prosecution case as given by the informant Victim (P.W. 5) is that the informant in the morning at about 5.00 a. m., on 12.10.2002 had collected cow dung in a small basket and had gone to throw it in a ditch situated in the side of the house of Mazura Rai. As soon as she threw the cow dung, appellant Subhas aged about 20 years came towards the informant and put vermilion on the head of the informant and thereafter the appellant put his hand into the brassiere of the informant and attempted to tear the same. Thereafter the appellant threw down the informant on the ground and untied the rope of her salwar with an intention to forcibly commit rape of the informant. The informant raised alarm on which her mother, brother Bapan Rai and neighbour namely, Budhan Rai, Kalipada Rai and others reached there. By that time, the appellant was attempting and applying his full force to commit rape. On the intervention of the brother of the informant and villagers the appellant left the informant and went into his house. The appellant was saying loudly that he will not leave her. It is further alleged that on several occasions the accused had threatened the informant to commit rape against her.

(3.) On the basis of aforesaid Fard Beyan, Nala P.S. Case No. 72 of 2002 dated 12.10.2002 was registered under sections 376/511 of the I.P.C. and police took up investigation. After completing the investigation, police submitted charge sheet against the appellant. It appears that after the cognizance, the case was committed to the court of sessions as the offence under section 376/511 of the IPC is exclusively triable by the court of sessions.