RAJENDRA PRASAD Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order of sentence dated 10.4.2003 passed by learned 1st Additional Sessions Judge, Seraikella in Sessions Trial No. 242 of 1999, whereby and where under, the appellant was convicted under Sections 323 and 354 of the Indian Penal Code and sentenced to undergo simple imprisonment for 6 months under Sec. 323 of the Indian Penal Code and sentenced to undergo simple imprisonment for one year and fine of Rs. 5000.00 under Sec. 354 of the Indian Penal Code and in default of fine to undergo a simple imprisonment of 15 days. However, the sentences are ordered to run concurrently.

(2.) Prosecution case, as per written report of the informant Nilu Devi, is that on 11.08.1998 (Tuesday) her husband Santosh Prasad Verma had gone to duty and she was alone in the house. Around 8:00 p.m., her younger brother-in-law Rajendra Prasad, son of Late Sarjoo Prasad (appellant herein) entered the house and molested her and attempted to rape her. She opposed him, on which, he pushed her to the floor and started pressing her neck and hitting her, due to which, she was hurt. She raised alarm for help. On her alarm, her neighbour Datu Majhi arrived at, on which, Rajendra Prasad left her and ran away. Then she told other persons about the incident, who are her neighbours. When her husband came, she also told him about the entire incident. Because it was night, she did not go to the police station then.

(3.) Thereafter, a case was registered under Sections 341/323/376/511 of the Indian Penal Code as Seraikella P.S. Case No. 78/1998, corresponding to G.R. Case No. 492/1998. The police after investigation submitted charge sheet, accordingly, cognizance was taken and the case was committed to the Court of Sessions and registered as Sessions Trial No. 242 of 1999. Charge was framed under Sections 376/511 and 323 of the Indian Penal Code against the appellant and he was put on trial.