MD. SALIM ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned Addl. P.P. for the State.

(2.) The appellant has preferred this appeal being aggrieved by judgment of conviction and order of sentence dtd. 24/12/2005 passed by the learned Additional Sessions Judge, Fast Track Court-IX, Giridih in Sessions Trial No.34 of 1997 whereby and whereunder, the appellant has been held guilty and sentenced for the offences as mentioned below in tabular form:- <IMG>JUDGEMENT_223_LAWS(JHAR)12_2018_1.jpg</IMG>

(3.) The case of the prosecution in brief is that on 2/11/1996 at 06:00 P.M. when the informant-victim had gone to attend the call of nature, the appellant-accused on seeing her lifted her and thrashed her on the ground and attempted to commit rape upon her. On noise being raised by the informant, the younger mother-in-law of the informant-victim came running to the place of occurrence and seeing her, the appellant-accused left the informant and ran away after snatching away the ear ring and silver necklace from the neck of the informant. By the same, the informant sustained injury on her ear and by being thrashed on the ground she sustained pain on her waist and because of severe pain, she was not able to walk. On the basis of the written report submitted by the informant, police registered Jamua P.S. Case No. 195 of 1996 and took up investigation of the case. After completion of the investigation, police submitted police report and upon commitment of the case to the court of session, charges for the offence punishable under Sec. 323, 341, 376/511 and 379 of the Indian Penal Code were framed against the appellant- accused person. Upon the appellant-accused person pleading not guilty to the charges, he was put to trial.