BACHHU Vs. STATE OF U P

JUDGEMENT

(1.) SOLITARY appellant Bachhu S/o Kishore, R/o Farah locality, committed rape upon a five years old infant girl child Omvati, on 6.6.1977 at about 8 p.m., in village and P.S. Farah, district Mathura, and consequently was tried for the said scurrilous offence by Ist Additional Sessions Judge, Mathura in S.T.No.11 of 1978, State v. Bachhu, and, since prosecution successfully anointed his guilt, therefore, was convicted and sentenced by the Learned Trial Judge for that abashed crime for five years rigorous imprisonment, vide judgment and order dated 26.11.1981, and hence challenge in this appeal, by the convicted appellant, is to his aforesaid conviction and sentence.

(2.) RECAPITULATING prosecution allegations, as was got stated in the First Information Report, Ex. Ka.1, by the informant Raman Lal (PW3), father of the victim, and later on testified by the fact witnesses during trial, were that informant's daughter, Omvati, (victim) was playing in front of her house on 6.6.1977 at 8 p.m., when the appellant, a barber by caste, on a false pretext to give her crushed ice, enticed her away, and then taking her in Boori Singh Jatav's pen, outraged her modesty. Adolescent shrieked, which attracted her mother Saraswati (P.W.4), Kishana (P.W.1), Ikram, Gopi Lal (P.W.2) and Surendra Pal towards rape scene, and in the flashed torch lights, they all witnessed carnal copulation being committed by the appellant, who, locating them, sprinted away from the spot. Victim narrated the incident to her mother Smt. Saraswati (P.W.4). At that time informant Raman Lal (P.W.3), victim's father, was not present at his house and after his return, after some time, he was narrated about the abash. Rankled by the faux pas, informant PW3 got crime FIR, Ext.Ka.1, scribed from Nathi Lal, and after measuring a distance of 1-1/2 furlong lodged it at PS.Farah, same day at 11 p.m. as crime No. 109 of 1977, under section 376 I.P.C.

(3.) LEARNED CJM, Mathura, summoned the appellant to face trial for the charge-sheeted crime, and since, the same was Session's triable, he committed the case to the Session's Court for trial 2.1.1978, where it was registered as S.T. No. 11 of 1978, State versus Bachchu.