BAHOOL Vs. STATE

JUDGEMENT

(1.) This is a criminal appeal against the judgment and order dated 28 -7 -2004 passed by Sri Udairaj, the then Addl. Sessions Judge, Dehradun in S.T. No. 32/2004, whereby the Appellant -Babool was convicted and sentenced to undergo R.I. for a period often years and to pay fine of Rs. 2000/ - under Sec. 376 I.P.C. The Appellant was also convicted and sentenced to undergo for a period of six months R.I. under Sec. 323 I.P.C. Both the sentences would run concurrently. In default of payment of fine, the Appellant to undergo for further two months R.I.

(2.) Brief facts of the case are that on 16 -10 -2003 a report was lodged by Rajendra Kaushal (maternal uncle of the prosecutrix) in the police station Jogiwala alleging therein that on 15 -10 -2003 at about 5:45 p.m. his niece aged about 8 years was going to fetch the milk from Munna Lal. When she reached near the house of Balam Singh, the Appellant met her and took her to the fields, where he throttled her neck and tried to kill her. She became unconscious. When the prosecutrix did not come to her house a search was made. On being made search, it was informed by Vimal that the prosecutrix was going with the Appellant towards the jungle. The prosecutrix came to her house at about 10 p.m. and thereafter she was taken to hospital where the medical was conducted. Meanwhile, a report was lodged under Sec. 307 IPC. The prosecutrix was medically examined by Dr. Alka Punetha (PW3). The following injuries were found on the person of prosecutrix:

(3.) Thereafter, the police investigated the matter and submitted the chargesheet before the court under Ss. 307, 376 and 511 I.P.C.