LAKHAN Vs. STATE

JUDGEMENT

(1.) The appellant was convicted under section 342 Indian Penal Code read with Section 511 IPC, The appellant was sentenced to undergo three years rigorous imprisonment with a fine of Rs. l00.00 and in default of payment of fine to undergo further rigorous imprisonment for three months, under section 376/511 IPC. was also sentenced to three months' rigorous imprisonment under section 342 IPC. Both the sentences were ordered to run concurrently

(2.) The charge against the appellant is that on 19th October 1984 at about I PM he took the minor daughter of Smt.Asha, namely, Kavita, aged about 5 years to his room and after bolting the same from inside attempted to rape her.

(3.) The information that Kavita has been removed by the appellant to rhis room was given to Smt. Asha, mother of the victim, by Smt. Ram Wati Asha's maternal aunt. The appellant, in fact. was living in one of the rooms of the same building in which the prosecutrix and her monther were residing. Consequent to the information given to the mother of the victim by Smt. Ram Wati, both of them rushed to the room of the appellant which they found bolted from inside. They knocked at the door and when the door was opened by the appellant, they found Kavita weeping They also noticed semen stains on the under-wear of Kavita and also found redness on her private part. Kavita allegedly informed her mother that the appellant had tried to rape her. The appellant is alleged to have thereafter gone out of the room while the mother and the maternal aunt of Asha reported the matter to the police. During the course of investigation, apart from seizing other things, the investigating officer seized the semen stained under-wear of Kavita also and DrRajivRangras(PW8) also took the vaginal smears of Kavita, the victim in this case.