JAMSHED MIAN(ANSARI) Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE sole appellant Jamshed Mian(Ansari) has preferred this appeal against the order of conviction recorded under section 354 of the Indian Penal Code passed by the Vth Additional Sessions Judge,Dhanbad in S.T.No. 305 of 2001 whereby he has been sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs. 5,000/ -with default stipulation to serve out additional period of six months imprisonment. He was further directed that the amount of fine if so paid and realized be given to the victim Janeva Khatoon or her legal heirs.

(2.) THE prosecution story in short was that when the victim Janeva Khatoon had been returning after answering the call of nature from the field to her home the appellant Jamshed Mian(Ansari) caught hold her with the intention to commit rape on her. On the alarm there being raised by the victim extending resistance to the act of the appellant, it was alleged that he took to his heels brandishing a knife by extending threat that she would be killed if she would raise alarm. The victim returned back home and narrated the occurrence to her father(informant),mother (Ashrin Bibi)and other near relations upon which a panchayati was held in the village but the appellant refused to marry her and ultimately the informant -father had no way out except to institute a case in the police station by presenting a written report on 7.10.1990 in relation to the occurrence which took place on 5.10.1990.

(3.) THE learned trial court after due consideration of the testimony of the prosecution witnesses observed that none of the witnesses could testify that the appellant had undressed the clothes of the victim or that the appellant had himself undressed with the intention to commit rape on her and therefore, elements as required for constituting charge under sections 376 read with 511 of the Indian Penal Code could not be proved nevertheless the appellant was convicted under section 354 of the Indian Penal Code and accordingly sentenced.