JUDGMENT :

1. The present appeal has been preferred against the judgment and order dated 21.01.2000 passed by 1st A.S.J., Lucknow in S.T. No.324 of 1995 whereby the appellant has been convicted and sentenced under Sections 452 and 354 IPC for three months rigorous imprisonment respectively.

2. Brief facts of the case are that the case emerged from the F.I.R. lodged by PW-1 Saiyra Bano stating that Mohd. Khalil, husband of first informant along with Smt. Saiyra Bano, PW-1 was present at his house situated in Village Khojey Kapurwa, P.S. Gudamba on 12.09.1993 in the morning, when the accused-appellant, Jameel of the same village armed with country made pistol entered into the house and started to quarrel with the husband of the first informant. When PW-1 objected to it and hearing noise, other members of the family rushed to the spot whereupon the accused fled away. PW-4, Mohd. Khalil made a complaint of this case against the appellant, Jameel and thereafter he went to work somewhere. It is the appellant who after sometime on the same day came back to the house of PW-1 armed with Banka and wanted to molest and assault the victim to outrage her modesty but she raised alarm, whereupon he