ANITA KUMARI, ANIL KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The accused Petitioner has preferred this revision application against the judgment and order dated 5.03.2002 passed by the learned 1st Additional Sessions Judge, Begusarai in Cr. Appeal No. 97/99 by which he has dismissed the appeal and upheld the judgment and order of conviction and sentence passed by the learned trial court in G.R. No. 146/95 arising out of Phulwaria P.S. Case No. 27/1995 by which the Petitioner has been convicted and sentenced to simple imprisonment for one year under Section 323 of the I.P.C. and one month under Section 341 of the I.P.C. and both the sentences to run concurrently.

(2.) The prosecution case, in brief, is that the informant Bhim Shankar Manuansha, the Managing Director of Barauni Dairy was on way to his office. On 9.05.1995 at 10.15 A.M. the Petitioner, an employee of the said Dairy assaulted and abused him. On the basis of the written report dated 9.05.1995, Phulwaria P.S. Case No. 27/95 was instituted against the Petitioner. After investigation, charge-sheet was submitted. Cognizance was taken. After the trial, the Petitioner was found guilty under Sections 323 and 341 of the I.P.C. and accordingly, the Petitioner was convicted and sentenced to imprisonment as aforesaid. The Petitioner filed aforesaid Cr. Appeal No. 97/99 by which conviction and sentence of the Petitioner have been affirmed and the appeal has been dismissed by the impugned order.

(3.) The learned Counsel for the Petitioner submits that the Petitioner is a woman and the occurrence is alleged to have taken place on 9.05.1995. This Petitioner has been suffering from mental agony for more than 16 years. She has also been in custody for some time. There is No. material on the record to show that the Petitioner has any criminal antecedent and she deserves benefit under the Probation of Offenders Act.