D.R.SINGH, J. - (1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 28.8.2002 and 30.8.2002 passed by Sessions Judge, Godda in Sessions Trial No. 135/2000, whereby and whereunder the learned Sessions Judge held the appellant guilty under Section 354 IPC and sentenced him to undergo Rl for 1 year and 6 months.
(2.) THE brief facts leading to this appeal are that in the night of 16/17 August, 2000 the appellant entered inside the house of the informant Md. Harun Ali, PW 8 and attempted to commit rape with his wife, PW 7. The victim raised alarm, but the appellant managed to escape. However, he was seen by witnesses, PWs. 1 to 4 running out of the house and confining himself inside his house situated nearby. According to the informant, the appellant has earlier also tried to molest his wife, for which even a panchayati was held in the Village. The matter was reported to Mahagama police next day in writing, on the basis of which Mahagama P.S. Case No. 104/2000 dated 17.8.2000 was registered against the appellant under Sections 376/511 IPC. The police investigated the case and finally submitted charge -sheet against the appellant under Sections 376/ 511 IPC. The trial of the appellant was committed to the court of sessions where the learned Sessions Judge, Godda charged the appellant for the offences under Sections 376/511 IPC on 22.2.2001, to which he pleaded not guilty and claimed false prosecution. However, the learned trial court after examining witnesses found and held him guilty for the offence under Section 354 IPC and sentenced him as aforesaid.
(3.) THE appellant has remained in custody, on the date of judgment, for nearly two years. The present appeal has been preferred mainly on the ground that the trial court has not considered the improbability of the allegations. It is also asserted that the learned court below has not scrutinized the evidences of witnesses, who were interested and related with the informant. According to the learned counsel for the appellant, the entire prosecution story suffers from credibility, as no one would try to enter in the house of neighbour to commit rape upon a lady, who was having three children. It was also.asserted that though it was alleged that the victim was physically thrown on the ground, no injury has been found by the doctor. The learned counsel further pointed out that in absence of any means of identification produced before I.O., the whole story suffers from credibility neither any broken bangles etc. were found at the PO. As such the appellant may be acquitted of the charges.;