UTTAM KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal has been preferred against the judgment of conviction and order of sentence dated 17.1.2003 passed by 3rd Additional Sessions Judge, Jamshedpur in S.T. No. 392 of 1998, whereby and whereunder the appellant was convicted u/s 354,323 and 342 of the IPC and sentenced for rigorous imprisonment for one year under section 354 of the Indian Penal Code. So far conviction under section 323 and 342 of the Indian Penal Code is concerned no separate sentence for the same was awarded.

(2.) The case of the prosecution in brief as per written report of the informant Chandana Dutta PW-1 wife of Subhas Dutta is that on 27.12.1997 at about 10:00 a.m. accused Uttam Kumar came to the house of the informant and asked her daughter to show the result. The accused was teaching the informant's daughter. The informant's daughter gave report card to the accused who asked her to call her mother. When the informant came the accused caught hold her saree and started pulling it. She tried to escape but the accused caught hold her and threw her and started undressing her. Informant's daughter shouted loudly then some women came and tried to save her. In the meantime, the accused assaulted her with fist and slaps. Accused attempted to commit rape on her but he could not succeed.

(3.) On the basis of written report of informant a case was registered U/Ss. 342,376/511 and 323 of the Indian Penal Code against the accused. On completion of investigation, charge-sheet was submitted and cognizance of the offence was taken and the case was committed to the court of Sessions for trial. Charge was framed against the accused to which he pleaded not guilty and claimed to be tried.