Pramath Patnaik, J. - (1.) This appeal is directed against the judgment of conviction and order of sentence dated 18.12.2007 passed by the 1 st Additional Sessions Judge-cum-Special Judge, SC/ST (P & A) Act, Hazaribagh in G.R. Case No.982 of 2002, T.R. No.29 of 2007, arising out of Mandu (West Bokaro) P.S. Case No.153/2002), whereby and whereunder the court having found the appellant guilty for the offences punishable under Sections 341, 323 and 354 of the Indian Penal Code and sentenced him to undergo R.I. for two years for the offence under Section 354 of the I.P.C, rigorous imprisonment for six months for the offence under Section 323 of the I.P.C and simple imprisonment for six months for the offence under Section 341 of the I.P.C. All the sentences have been ordered to run concurrently.
(2.) The case of the prosecution, as has been projected on the basis of fardbeyan by the informant-Manju Kujur is that on 21.04.2002 before the officer in-charge, Mandu on the allegation that she along with her sister while returning from Church at about 10.30 a.m, when they reached near Drymerhat railing, all of a sudden the appellant caught hold her hand and arm and said that she could not escape by him. She raised alarm and tried to get herself released from his grips but the appellant gave punches on her. Many people of the locality gathered there and caught hold of the appellant. Subsequently, the elder brother of the appellant-Sartaj Khan came there and assured that he himself would produce him on the police station and accordingly, he started moving to police station along with the appellant but in course of the same, when he reached 12 number Chowki, the appellant played a trick and successfully fled away. It is further alleged that earlier appellant had done same wrong with her in the year 1996 and a case being Mandu (West Bokaro) P.S. Case No.261 of 1996 dated 16.08.1996 was registered against the appellant for the offence under Section 354 of the Indian Penal Code and Section 3(1) of the S.C/S.T (Prevention of Atrocities) Act, which is pending before the court of law. It has further been alleged that the appellant scolded her by caste and the informant is very much perturbed because of aggressive behavior of the appellant.
(3.) On the basis of said fardbeyan, a formal F.I.R. was drawn and the case was registered for the offence under Sections 341, 323 and 354 of the Indian Penal Code as also under Section 3(i) of the SC/ST (Prevention of Atrocities) Act.;