JODHI Vs. STATE OF U.P.

JUDGEMENT

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

(2.) As per prosecution case on 4/5.07.1995 when the prosecutrix was sleeping in her house, at about 3.00 a.m. the appellant had trespassed the house of the complainant and tried to commit rape upon her. The said attempt to rape was resisted by the prosecutrix upon which the accused had caused injuries by knife and upon raising alarm, he had run away. Upon alarm, her mother Smt. Ratana and neighbours Murli had come. Upon an enquiry, she has stated that the accused had attempted to commit rape on her and had run away after causing injury by knife. The report was lodged on the same day at 12.40 hours for the offence punishable under Sections 452, 376/511 and 324 I.P.C. After investigation the charge sheet was filed for the said offences. The appellant was charged for the said offences and he had denied the charges and claimed to face trial.

(3.) Victim has been examined as PW-1, who has stated that when she was sleeping in her house, the appellant had entered her house at about 3-4 a.m. and attempted to open the 'Nara' of her shalwar. Upon awaking she caught hold the appellant and she raised alarm upon which he had caused injuries to her by knife. Upon her alarm, her mother, brother Lallu Ram had come and the villagers Ram Bhoj and Murli had also come. The complainant has proved the report as Ext. Ka-1 and has stated that the investigating officer had come on the spot and prepared the memo of taking the lantern into his possession, which has been proved as Ext. Ka-2. It is relevant to mention that before any cross examination could be conducted with this witness, this witness has died.