MUSTAKEEM Vs. STATE OF U.P.

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgement and order dtd. 13/2/1990 passed by IVth Additional Sessions Judge, Shahjahanpur in Session Trial No.264 of 1989, under Ss. 376/511 I.P.C., Police Station Sadar Bazar, District Shahjahanpur by which trial court convicting the accused-appellant for the offence punishable under Sec. 376/511 I.P.C. and sentencing him to undergo 4 years rigorous imprisonment with fine of Rs.500.00 with default stipulation, accused-appellant has preferred the present appeal.

(2.) As per prosecution case, on 12/8/1987 in the evening, informant's brother Shahjad left the house and went to visit Lal Imli Chauraha, when he did not get home till late, his younger sister victim aged about 9 years went to find out her brother. While going to cross road near biscuit factory of Atiullah, accused-appellant met her. He caught hold the hand of victim and started taking towards Mazar, victim / prosecutrix tried to raise alarm, accused pressed her mouth by his hand and threatened her to kill. He took her to Mazar and untied the victim's salwar. He made her to lie on the earth and tried to rape her. When victim shouted , Tahir Hussan Khan and Rakesh Singh rushed their with torches and caught the accused on spot at 9:00 p.m. Accused, on being asked, disclosed his name as Mustakeem son of Amir Ali. In the meantime, informant arrived there searching his brother and sister (prosecutrix). Accused-appellant was taken to police station concerned. F.I.R. was got registered on the written tehrir Ex.Ka-1 of informant.

(3.) Upon the written tehrir, Chick F.I.R. Ex.Ka.-2 was registered bearing Case Crime no. 380 of 1987, under Ss. 376/511 I.P.C. by constable muharrir P.W.-4. Entry of case was made in general diary, copy whereof is on record.