TUNTUN PASI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the appellant, learned A.G.A. and perused the record.

(2.) THIS criminal appeal has been filed against the judgment and order dated 16.01.2006 by which appellant has been found guilty for the offence punishable under Sections 376/511 I.P.C. and has been sentenced to five years R.I. with a fine of Rs. 2000/ -

(3.) AS per prosecution case, on 5.10.2003 at about 6.00 a.m. when the complainant/prosecutrix had gone to discharge natural call in the bushes of village, then the appellant had caught her and tried to commit rape on her. Upon her alarm, Prema wife of Rang, Bahadur and Nand Kishore had come. The appellant had escaped from the spot. Because her husband was not at home, therefore, she could not go for lodging first information report.