JAI SINGH Vs. STATE,

JUDGEMENT

(1.) This appeal arises out of the judgment and order dated 10th of Aug., 1970, passed by the Second Additional Sessions Judge, Muzaffarnagar, convicting the appellant of the offence under Sec. 376 read with Sec. 511, Indian Penal Code and sentencing him to undergo five years' R. I. and to pay a fine of Rupees 500.00. In default of payment of fine the appellant has been directed to undergo six months' further R. I.

(2.) The prosecution case briefly stated was as follows:- During the period the occurrence took place the appellant ran a betel-shop in Muhalla Malhupura, Muzaffarnagar. Zainuddin (P. W. 7) lived in a house situate close to that shop. On 2nd of Sept., 1968, at about mid-day Zainuddin sent his niece Kumari Shabnam (P. W. 6), a child aged about 7 years, to purchase betels from the shop of the appellant. When she reached the shop of the appellant, the latter caught hold of her, took her into an adjoining kothri which was lying vacant, bolted it from inside and started making efforts to commit rape on her. Km. Shabnam, however, raised cries, as a result of which there came up Zainuddin (P. W. 7), Khalilur Rahman (P. W. 5) and a couple of other witnesses. They knocked at the door of the kothri and, when the appellant did not open the door, they broke open the same. It is alleged that the witnesses then found Km. Shabnam lying naked on a cot and the appellant lying over her, trying to commit rape. The appellant was arrested on the spot.

(3.) A report about the occurrence was lodged by Zainuddin (P. W. 7) at police station Kotwali Muzaffarnagar the same day at 1 P. M. i.e. within one hour of the occurrence. A distance of three miles intervened between the place of the occurrence and the police station. The appellant was also handed over at the police station at the same time. A case under Sec. 376/511, Indian Penal Code was registered against him on the basis of that report and investigation followed.