BABOOL Vs. STATE

JUDGEMENT

(1.) THIS is a criminal appeal against the judgment and order dated 28 -7 -2004 passed by Sri Udairaj, the then Addl. Sessions Judge, Dehradun in S. T. No. 32/2004, whereby the appellant -Babool was convicted and sentenced to undergo R. I. for a period of ten years and to pay fine of Rs. 2000/ - under sec tion 376 I. P. C. , The appellant was also convicted and sentenced to undergo for a period of six months R. I. under sec tion 323 I. P. C. , Both the sentences would run concurrently. In default of payment of fine, the appellant to un dergo for further two months R. I.

(2.) BRIEF facts of the case are that on 16 -10 -2003 a report was lodged by Rajendra Kaushal (maternal uncle of the prosecutrix) in the police station Jogiwala alleging therein that on 15 -10 -2003 at about 5:45 p. m. his niece aged about 8 years was going to fetch the milk from Munna Lal. When she reached near the house of Balam Singh, the appellant met her and took her to the fields, where he throttled her neck and tried to kill her. She became unconscious. When the prosecutrix did not come to her house a search was made. On being made search, it was in formed by Vimal that the prosecutrix was going with the appellant towards the jungle. The prosecutrix came to her house at about 10 p. m. and thereafter she was taken to hospital where the medical was conducted. Meanwhile, a report was lodged under section 307 I. P. C. The prosecutrix was medically ex amined by Dr. Alka Punetha (PW3 ). The following injuries were found on the person of prosecutrix:

(3.) THEREAFTER , the police investi gated the matter and submitted the chargesheet before the court under sec tions 307, 376 and 511 I. P. C.