FIROZ MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Criminal Appeal has been preferred against the judgment of conviction dated 22.12.2003 and order of sentence, dated 23.12.2003, passed by learned 4th Additional Judicial Commissioner-cum-Spl. Judge No. II, C.B.I. (A.H.D.), Ranchi, in Sessions Trial No. 667 of 1992, whereby the appellant who has been charged under Sections 354 and 376/511 of the Indian Penal Code has been found guilty for the offence committed and punishable under Section 354 and 376/511 of the Indian Penal Code and awarded rigorous imprisonment for one year for the offence committed and punishable under Section 354 of the Indian Penal Code and rigorous imprisonment for two years for the offence committed and punishable under Section 376/511 of the Indian Penal Code. Both the sentences are directed to run concurrently and the period of detention already undergone by the convict shall be set of under Section 428 CrPC.

(2.) The prosecution case is based upon the written report submitted by the informant Munni Devi (P.W. 4) before the Officer-in-Charge, Chanho Police Station on 05.02.1992 alleging inter alia, that on 04.02.1992, informant along with her sister-in-law went to the forest Taranga at around 2-3 P.M., for collecting wood. It is alleged that while collecting wood, appellant Firoz Mian came and caught hold the arm of informant and started outraging her modesty. It is alleged that informant raised brawl, upon which her mouth was gagged by the appellant but after hearing the brawl raised by the informant, her sister-in-law Gauri Devi, wife of Baijnath Lohra and Kamal Devi, wife of Khudia Mahto came there. The informant saved herself and after seeing these two ladies, the appellant also fled away.

(3.) On the basis of the written report, police has instituted Chanho P.S. Case No. 12 of 1992 dated 05.09.1992, under Section 354/ 342/ 376/511 of the Indian Penal Code against the appellant.