DURGA MANI Vs. STATE OF U P

JUDGEMENT

(1.) THIS is a criminal appeal under Section 374 (2) of the Code of Criminal Procedure against the judgment and order dated 28.10.1993, passed by the Sessions Judge, Gonda in Sessions Trial No. 97 of 1991 convicting the appellant under Section 376, I.P.C. read with Section 511, I.P.C. and sentencing him to undergo two year's rigorous imprisonment.

(2.) ON the listed date of hearing, nobody appeared from the side of the accused-appellant to argue the appeal. Initially, the appeal was filed by a learned advocate who has been elevated to the Bench. Although, not required but even then in the interest of justice, a notice was sent by the Registry to the appellant to engage another counsel ; despite service of the notice, the accused-appellant has not bothered to appear and engage the counsel for arguing the appeal.

(3.) THE prosecution story as set out in the F.I.R. is that on 13.6.1990 at about 5.00 p.m. when the complainant's nine years old daughter Km. Punam had gone to the pond on the eastern side of the village in order to graze her she-buffalow, the accused Durga Mani, who was sitting at a nearby place under his mango tree to keep watch over the mango crop, called the minor girl on the pretext of offering her mango and after seducing her by giving her mango, he attempted to commit rape upon her by pulling her underwear down. THE shrieks of the girl attracted witnesses Mathura Prasad along with Bhagwati Prasad and Rakesh Kumar, maternal uncle and son of the complainant to the place of the occurrence. THEy rushed at the spot, witnessed the incident and tried to apprehend the accused who, however, fled away from the spot.