RAFAT MIAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appellant is one Rafat Mian, who has preferred this appeal against the judgment and order dated 31-5-85 passed by Sri B. N. Srivastava, the then Sessions Judge, Bareilly in Sessions Trial No. 447 of 1984 whereby he has been convicted under Sections 376/511, I.P.C. and under Section 302, I.P.C. He has been sentenced to rigorous imprisonment for three years under Sections 376/511, I.P.C. and imprisonment for life under Section 302, I.P.C. Both the sentences have been order to run concurrently.

(2.) The prosecution case as emerging from the First Information Report and the evidence on record may briefly be stated. The victim was Km. Babbo, aged about 17 years, daughter of Smt. Kishmari (a muslim widow). Her two daughters had been married and she was residing with the victim along with her younger daughter Suriya PW 1 and two sons-Gulam Sabir PW 2 and Gulam Quadir, who were self-employed on some minor jobs. The deceased with her family members was residing under guardianship of her mother in one of the five apartments of a big house around a courtyard having a hand-pump in Kanghi Tola P.S. Quilla, District Bareilly. Out of other four apartments, one was occupied by the accused-appellant who had been married about four months before the incident. He was residing with his wife and other family members in such another apartment. Out of remaining three apartments one was in the occupation of Shaffan PW 3. The incident occurred on 4-6-1984 at 10 A.M. Gulam Sabir PW 2 and Gulam Qadir, brothers of the victim, had left for their respective jobs for the day while their mother Smt. Kishmari had gone to her married daughter with the result the victim Km. Babbo and her younger sister Km. Suriya were only present in their apartment. On being asked by her, Km. Suriya PW 1 left for vegetable market at Quilla, situate at a short distance from her house to purchase vegetables. The victim was thus left all alone at the time of the incident and she wanted to take her bath. The accused-appellant approached the victim in her apartment when she was going to take bath and tried to make lascivious advances towards her and to violate her person. She declined to fall prey to his lust and prevented him. He then sprinkled kerosene over her and after setting her on fire ran away. He was seen coming out from her apartment and fleeing away with tension writ large on his face by Suriya PW 1 and Shaffan PW 3 as also by one Swaib. On being asked by Shaffan PW 3 and Swaib as to what was the matter, the accused did not give any reply and escaped.

(3.) All the three, namely, Suriya PW 1, Shaffan PW 3 and Swaib rushed to the door of her house where they found the deceased Km. Babbo crying out for help. On entering inside the house, they noticed that she was lying near the door-frame of the kitchen of her apartment and she told them that she had been set on fire by accused Rafat, who thereafter ran away. She was immediately taken by Shaffan PW 3 and Swaib to the District Hospital, Bareilly where she was admitted at 12.20 P.M. the same day i.e. on 4-6-84. She was attended to by Dr. S.K. Saxena P.W. 5. Her injuries were recorded as under : "Burn first and second degrees, covering face, neck, chest, abdomen, back, head. Hairs singed."