Ratnaker Bhengra, J. - (1.) This Criminal appeal is directed against the judgment of conviction and order of sentence dated 20.2.2003 passed by the learned Ist Addl. Sessions Judge,Pakur in S.C No. 8 of 2000 whereby the above named appellant has been found guilty and convicted under section 354 of the of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for one year and six months for the said offence.
(2.) The prosecution case, as made out from the Fardbayan of informant Rehena Bibi wife of Abdul Latif aged about 25 years of village Sangrampur P.S Pakur (M) District Pakur recorded by S.I Ajay Kumar Singh Officer Incharge of Pakur (M) P.S on 17.5.1999 is that the informant was staying in her house along with her three daughters but her husband was working at Deoghar. It is alleged that on the midnight of 14-15.5.1999, that is the day of Friday when she was sleeping in her house along with her daughters and the daughter of her neighbour in her courtyard and door of the courtyard was locked from inside, all on a sudden the appellant/accused Mustaque Sheikh, who hails from the same village, jumped over the wall and entered into the courtyard. Then with bad intention he caught hold of her. When she resisted him persistently, her blouse, sari and petticoat was torn by the accused and thereafter she became half naked. Due to her persistent resistance and alarm, thereafter her husband's elder brother and wife of her husband's brother and other villagers came in the courtyard and raised alaram . Hearing the voice of so many people of the village, Mustaque Sheikh again Jumped over the wall and thereafter fled away from the place of occurrence. Even while fleeing away, many people saw and identified him. Regarding this incident, a panchayati was held in the village but Mustaque Sheikh was not present in the meeting and refused to obey the verdict of Panchayati. It is also alleged that earlier he had also committed such act in the village of which entire village is also familiar with.
(3.) On the basis of the fardbeyan made by the informant Rehena Bibi present case was registered against the accused person at Pakur (M) Police Station as P.S Case No. 85 of 1999 under sections 376/511 of the Indian Penal Code. After conclusion of the investigation , the police submitted charge sheet and accordingly cognizance of the offence under sections 376/511 of the Indian Penal Code was taken and case was committed to the court of sessions where it was registered as S.C. No. 8 of 2000. Charge was framed under section 376/511 of the Indian Penal Code and trial was held.;