RAVINDRA NATH TEWARI Vs. STATE OF U P

JUDGEMENT

(1.) BY means of this appeal, the appellant has challenged the judgment and conviction dated 8.6.1999 passed by the VIIth Additional Sessions Judge, Gonda in Sessions Trial No.70 of 1993, whereby the appellant has been convicted and sentenced under Sections 376/511 IPC for a period of three years six months RI with a fine of Rs.2000/ - and in default of payment of fine to further undergo RI six months.

(2.) THE prosecution case, as set up in the FIR, is that on 24.9.1992 at about 10 a.m. accused appellant, Ravindra Nath Tewari in Village Karanpur, Police Station Kotwali Dehat, District Gonda lured Km. Archana, aged about six years for giving her Lemon and on that pretext took her to the maize field, where he tried to commit rape upon her. On alarm being raised by the prosecutrix, witnesses came to the spot and saw the incident, whereupon the accused ran away.

(3.) ON the above allegations, the FIR was lodged and thereafter the prosecutrix was put up for medical examination and after investigation charge sheet was filed against the appellant under Sections 376/511 I.P.C. The appellant was put for trial and he denied the charge and said that he was implicated on account of enmity. Thereafter, the trial proceeded and the evidence was adduced before the trial court to prove the charge. In support of the charge, the prosecution adduced Shatrohan Behari P.W.1, Km. Archana P.W. -2, Indrabahadur P.W. -3, Dr. S.S. Ahmad, Dentist P.W. -4, Dr. Reeta Chatterjee P.W.5, Head Constable Shubhlal P.W. -6 and Court Witness -1.