Back
SANDEEP KUMAR
Uttam Chand Das @ Uttam Chandra Das Son Of Vani Chandra Das – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
This appeal is directed against the judgment of conviction and order of sentence dated 19.12.2018 and 21.12.2018, respectively, passed by the learned Additional Sessions Judge, F.T.C-IInd, Bettiah, West Champaran in S.Tr. No. 379/2015 (arising out of Bhangaha P.S. Case No. 34 of 2013) whereby and whereunder the appellant has been convicted U/s 376/511 of the Indian Penal Code, and has been sentenced to undergo R.I. for five years and to pay a fine of Rs. 5,000/- under Section 376/511 of the Indian Penal Code and in default of payment of fine, he shall have to undergo further R.I. for one month.
2. The prosecution case, in brief, is that on 29.08.2013 in the midnight, the informant, namely Jayanti Kumari aged about 18 years was sleeping inside her room, and her family members including mother, father, and brother had gone to attend the Kirtan. The accused-appellant entered inside the house by breaking the Tatti and tried to outrage the modesty of the victim-informant and on halla, her mother and brother came there but the accused fled away.
3. After investigation, the police submitted charge-sheet under Sections 341, 323, 504, 376, 511 and 506 of the Indian Penal Code and th
The absence of penetration negates conviction under Section 376/511, but the act of attempting to outrage modesty warrants conviction under Section 354 IPC.
Conviction under Section 354 of IPC upheld when testimonies of victim and witnesses were consistent and reliable, distinguishing preparation from an attempt in sexual offences.
The distinction between 'attempt' and 'preparation' in criminal law leads to the conclusion that actions lacking overt intent to complete the crime cannot sustain a conviction for attempted rape, but....
The absence of penetration negates a rape conviction under IPC Section 376, affirming culpability for outrage of modesty under IPC Section 354 based on established intent and actions.
The court ruled that contradictions in the victim's testimony rendered the prosecution's case unreliable, leading to the appellant's acquittal.
The main legal point established in the judgment is the significance of timely lodging of FIR, the importance of evidence in proving the intention and knowledge of the accused in outraging the modest....
The court clarified the distinction between attempted rape and assault, ruling that the appellant's actions constituted assault under IPC Section 354, not attempted rape under Section 376.
The court upheld the conviction under Section 354 IPC, concluding that the appellant's actions constituted an outrage of modesty, supported by the victim's testimony and corroborating evidence.
The court established that the intention to outrage a woman's modesty is crucial in determining guilt under Section 354 IPC.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
