IMRAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal arises out of judgment and order dated 19-12-97 passed by IIIrd Addl. Sessions Judge, Ghaziabad in S. T. No. 730/96, State v. Imran, under S. 376, I. P. C., P. S. Modinagar, Dist. Ghaziabad, whereby the learned trial Judge has held the accused Imran guilty of the charge under S. 376, I. P. C. and sentenced him to undergo 10 years' R. I.

(2.) Initially the matter was posted for deciding the bail application of the accused, but on the request of the learned counsel for the parties, the appeal itself was heard on merits and is being decided herewith.

(3.) The prosecution case started on the basis of a F. I. R. dated 2-5-96 lodged by Abdul Malik. He has alleged that on 2-5-97, his minor daughter Km. Reshma, aged about 4 years was looking after the cattle outside the house. At about 6 p.m. when the complainant noticed, she was not visible. Dilshad and Jamil Ahmad, resident of the Mohalla of the complainant search for the child. When they went a little closure in the fields, they heard the cries of Km. Reshma. They rushed towards her in the Sugarcane field. They found that Km. Reshma was lying naked and the accused Imran was riding upon her and having sex with her. Seeing the complainant and the witnesses, the accused tried to run away but he was arrested on the spot. The girl was bleeding from her private parts and was not in a good state. The complainant had taken her also to the police station and lodged the report, Exhibit Ka 3 there on the same day at 10.30 p.m. After that, usual investigation followed and the charge sheet was laid before the court.