(1.) By way of present appeal, appellants seek to challenge the Judgment of conviction dated 20.08.2002 and order of sentence dated 23.08.2002, passed by Shri Umeshwar Nath, learned Additional Sessions Judge, Fast Track Court No. 5, Purnea in Sessions Trial No. 27 of 1998, by which the sole appellant Biren Sah was held guilty under Sections 448 and 354 of the Indian Penal Code (hereinafter referred to as "the IPC" ) and was sentenced to undergo R.I. for six months under Section 348 of the IPC and R.I. for six months under Sections 354 of the IPC.
(2.) Prosecution case as narrated by informant P.W. 6 in her fardbeyan before Mirganj Police Station, in short is that in the night of 12/13-05-1996 at about 1 A.M., accused Biren Sah entered into her house after breaking the lock and tried to infringe her modesty by pulling the Sari worn by her. Informant woke up and ignited the Dibiya, in which she identified the accused appellant and on alarm being raised by her, the accused appellant fled away. She informed the incident to the mukhiya in the said night and, thereafter, the matter was reported to police. On the basis of the aforesaid fardbeyan Dhamdaha (Mirganj) P.S. Case No. 116 of 1996 under Section 376/511 of the IPC against the appellant. Police after investigation submitted charge-sheet.
(3.) Thereafter, the charge was framed under Section 448 and 376/511 of the IPC, cognizance of the offence was taken and case was committed to the court of sessions, which ultimately traveled to the file of Shri Umeshwar Nath, learned Additional Sessions Judge, Fast Track Court No. 5, Purnea, for trial and disposal.