OM PRAKASH Vs. STATE OF U.P.

JUDGEMENT

(1.) The present appeal under Sec. 374 Cr.P.C. has been filed by the appellant Om Prakash against the judgement and order dtd. 2/7/1982 passed by III Additional District and Sessions Judge, Meerut in Session Trial No. 4 of 1981 (State of U.P. Vs. Om Prakash) by which he has been convicted and sentenced under Sec. 376 IPC to undergo six years rigorous imprisonment.

(2.) The name of the prosecutrix is not being disclosed and mentioned in the present judgment in the light of directions of the Apex Court in various judgments and as per Sec. 228-A of the Indian Penal Code. She is thus referred to as 'X' in the judgment.

(3.) The prosecution case as per an application dtd. 4/10/1979 given by Bakreeda to the police of which Dharmapal is the scribe is that on that day at about 12:00 noon his daughter victim 'X' aged about 10 years was mowing grass in the field of Kaliram in the jungle of village Jivana. Om Prakash son of Sukhvirey Kumhar forcibly caught hold of his daughter and took her to the jwar field and committed rape on her on which she started shouting, hearing which Dharmapal Singh son of Ram Swarup Jaat, his son Ayyub and Hashim son of Kutubuddin Darji of his village who were working in the field went to the place of occurrence and saw the accused doing the act. They reached near on which Om Prakash ran away. He was chased but could not be apprehended. He has brought his daughter victim 'X' for lodging of the report. She is bleeding from her private part. His report be lodged and legal action be taken. The said application is Exb: Ka-1 to the records.