STATE Vs. JAN MOHAMMAD

JUDGEMENT

(1.) JAN Mohammad son of Asgar was tried for the offence punishable under Sec. 376 IPC in the court of the Assistant Sessions Judge, Meerut. The trial commenced before Sri S. P. Agrawal who then held the office of the Assistant Sessions Judge, Ghaziabad. Sri S P. Agrawal recorded the statements of some of the prosecution witnesses. He was, however, transferred before the trial could conclude and was succeeded in the office by Sri O. P. Jain. A de novo trial was held by Sri O. P. Jain, Assistant Sessions Judge, Ghaziabad. After recording the evidence and after bearing the parties, the Assistant Sessions Judge came to the conclusion that the prosecution had failed to establish its case against the respondent beyond reasonable doubt. He accordingly recorded an order of acquittal in favour of the respondent on 4-7-1975 and the State feels itself aggrieved by the said judgment and order. It has accordingly preferred this appeal under Sec. 378 CrPC.

(2.) THE incident giving rise to this appeal took place on February 15, 1974 at village Dehra, P. S. Masoori, district Meerut at about 5 P. M. Briefly stated, the prosecution case is that Km. Mobim aged about 8 years was looking after the barley fields of his father Bhola. THE respondent Jan Mohammad reached the place and after lifting Km. Mobin he forcibly took her to the wheat field of one Tausif. He removed the Shalwar of Km. Mobin and committed rape on the minor girl. On penetration, the girl screamed and the shouts raised by her attracted Mohd. Ali, Ahmad Ali and Kasim, who were working in the fields nearby. THEy immediately rushed towards the place of the occurrence and found that the respondent was covering Km. Mobin and was committing rape on her. On the arrival of these persons, the respondent picked up his Lungi and took to his heels. THE witness named above chased the respondent but could not succeed in apprehending him. THEy found Km. Mobin lying in an unconscious state. THEy took her to her house where the mother of Km. Mobin, namely, Smt. Khanam, was present. THEy narrated the incident to her. Bhola, father of Km. Mobin, was not. present in the village and had gone to village Chandrapur where his son-in-law lived. Irshad, who is a cousin of Mobin, was despatched to village Chandrapur to inform Bhola about the occurrence. Bhola arrived at village Dehra on the next morning and he was apprised as to what had happened tec Km. Mobin. He made enquiries from Mohammad Ali, Kasim and others. THEreafter Bhola accompanied by Km. Mobin, Smt. Khanam, Altaf and Shamshu went to police station Mosoori and lodged a first information report of the incident on 16-2-74 at 10 A. M. THE distance of the police station from village Dehra is four miles. THE bloodstained Shalwar and Orhni of Km. Mobin was also handed over to the police by Bhola.

(3.) THE respondent pleaded not guilty to the charge. He stated that he has been falsely implicated on account of enmity. He has filed a written statement in which it was, inter-alia, stated that he was married and was a person of good character. He further disclosed that he had three minor children. He also stated in his statement under Sec. 342 CrPC that he was not present in the village on the date of the alleged occurrence.