ANOKHE LAL Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Appellant Anokhe Lal was convicted and sentenced to R.I. for three years and seven years under Sections 363 and 376 read with Section 511 of the I.P.C. respectively per judgment and order dated 14-5-1999 passed by V Additional Sessions Judge, Nainital in Sessions Trial No. 394 of 1998.

(2.) Prosecution case as disclosed from the F.I.R. and the evidence is that on 11-6-1998 at about 4.30 p.m., appellant gave one rupee to Km. Shanoo aged about seven years for purchasing toffees for herself and deceitfully asked her to come to a house of a neighbour Virendra Pal. There in that house appellant made the said girl to lie on a cot and removed her underwear. He thereafter caught hold of her with intent to commit rape. The girl, however, got herself freed and ran away. She told all about this to her mother Smt. Suneeta who in turn disclosed the occurrence to her husband, informant, Awadhesh Kumar Bhatnagar on his return to his house from duty in the evening hours. The informant then went to the police station and filed written report, Ext.Ka.1, the same day at 10.00 p.m. A case was accordingly registered under Section 376/511 of the I.P.C. The investigation of the case was taken up by S.I. Bhupal Singh who sent the girl for medical examination. Appellant was arrested on 12-6-1998 and on completion of the investigation charge-sheet was submitted on 14-8-1998.

(3.) Appellant did not admit the allegations of the prosecution and contended that he has been falsely implicated because he had refused to offer his services as a servant in the house of the informant.