FIROZ KHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This appeal is directed against the judgment of conviction and order of sentence dated 18.03.2004 passed by learned Sessions Judge, Jamtara in Sessions Case No. 105 of 2002 whereby and whereunder the appellant has been convicted under section 354 IPC directing to undergo imprisonment for two years and fine of Rs. 2000/-.

(3.) The prosecution was launched on the basis of a complaint vide PCR Case No. 162/2002 by the complainant. It is alleged that the complainant was the resident of New Colony, Pokhartala, Mihijam and that the accused Firoz khan was her neighbor. In the night intervening 21/22.4.2002 complainant was sleeping on the roof of her house, the accused climbed on the roof where the complainant was sleeping. The accused tore her nighty and attempted to commit rape and also outrage her modesty. On the alarm raised by the complainant the witnesses arrived and the accused escaped on the arrival of the witnesses. Complainant presented a written report at the police station but the police did not take action. Hence the complaint case was filed for the offence under section 376/511 IPC against the accused.