RADHA SAH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This revision application filed under Section 397/401 of the Code of Criminal Procedure is directed against the judgment dated 16-8-2001 passed by Additional Sessions Judge, Pakur in Cr. App. No. 13 /16 of 1994 whereby learned Additional Judge affirmed the judgment passed by Sub-divisional Judicial Magistrate, Pakur in G.R. Case No.557 of 1990/T.R. No. 704 of 1994 whereby he convicted the petitioner No. 1 Radha Sah @ Radha Saha under Sections 354 and 379 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for six months under Section 354 of the Indian Penal Code and further to undergo rigorous imprisonment for one year under Section 379 of the Indian Penal Code whereas petitioner Nos. 2 to 4 were convicted under Section 225 of the Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for six months.

(2.) The case of the prosecution is that on 23-10-1990 at about 11 A.M. Sabita Devi, the informant (P. W.6) had gone to a well with her maternal aunt Champa Devi and then Sabita Devi alone went for easing herself and while she was returning, petitioner No. 1 Radha Sao @ Radha Saha in order to outrage her modesty caught hold of her and when she raised alarm, some persons rushed to that place but in the meantime, the said Radha Sao fled away by snatching golden chain from her. Subsequently, she as well as villagers caught hold of Radha Sao and handed over him to the custody of Chaukidar Barka Tudu (P. W. 5) and while the Chaukidar as well as the witnesses were taking Radha Sao to the police station, the other petitioners, namely, Chhabi Lal Saha, Nagendra Saha and Janardan Sah @ Janardan Saha got Radha Sao rescued from the custody of the Chaukidar,

(3.) Thereafter the informant Sabita Devi submitted written report to the Officer-in-Charge, Maheshpur Police Station, upon which a case was registered and the matter was taken up for investigation. After completion of investigation, charge sheet was submitted and cognizance of the offence was taken and the accused persons were put on trial. The learned Sub-divisional Judicial Magistrate having found the petitioner No. 1 Radha Sao guilty for the offences under Sections 354 and 379 of the Indian Penal Code sentenced him as aforesaid and other petitioners were found to be guilty for an offence under Section 225 of the Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for six months.