ISHRAT Vs. STATE

JUDGEMENT

(1.) Heard Ms. Aarushi Khare, learned Amicus Curiae for the appellant and Sri Vinod Kumar Singh Parmar, learned AGA for the State.

(2.) Present Criminal Appeal under Sec. 374(2) of the Cr.P.C. has been preferred by accused-appellant Ishrat against the judgment and order dtd. 20/10/1992 passed by Sri S.C. Nigam, Seventh Additional District and Sessions Judge, Kanpur Nagar in Sessions Trial No.175 of 1990 (State Vs. Ishrat), Police Station- Chamanganj, District- Kanpur Nagar, whereby accused-appellant was convicted u/s 324 IPC and sentenced to three years rigorous imprisonment. He was also convicted u/s 354 IPC and sentenced to two years rigorous imprisonment. Both sentences were to run separately.

(3.) Prosecution story, in nutshell, as unfolded from written report dtd. 29/11/1988 (Ex.Ka-1) is that informant Shaukat Ali (PW-1) filed written report (Ex.Ka-1) transcribed by Mohd. Aslam, mentioning therein that on 29/11/1988 between 01:00 PM to 03:00 PM, his minor daughter aged about 4-5 years had gone to the house of one of the neighbours to play. On the same day at about 03:00 PM, some people of the locality were stated to have brought his minor daughter in a blood soaked condition from the field and informed that some unknown person had assaulted her private parts by a blade. The victim was taken to the hospital for treatment. It has also been stated in the FIR that blood stained blade is still lying in the field.