SURVEY SERVAJEET SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This is an appeal under Section 374 of the Code of Criminal Procedure against the judgment and findings dated 22.3.1990 passed by the Seventh Additional Judge to the Court of Sessions Judge. Bhopal in Session Trial No. 168189 convicting the appellant as under Conviction Sentence U/s. 366. I.P.C. R.I. for five years U/s. 354. I.P.C. R.I. for one year. U/s. 506. Part II. I.P.C. R.I. for one year. All sentences to run Concurrently.

(2.) The appellant, along with two others namely Sunil and Billu, was prosecuted under Sections 366, 354 and 506, Part II of the Indian . Penal Code, whereas the remaining two co-accused were prosecuted under Section 506, Part II, I.P.C.

(3.) According to the prosecution, on 29.4.1989 at about 9.00 a.m., Ranjana aged about 14 years, student of VI. Class of Government Girls Higher Secondary School, Barkheda Bhopal, had been to her school to know the results of her examinations. The results were not ready at that time. Therefore, she was returning back to her home along with her girl friend Sulekha. At about 10.00 A.M. when Ranjana along with Sulekha reached near the Kalari (wine shop), the accused-appellant, who was accompanying with other co-accused, caught hold of the hands of Ku. Ranjana and asked her to go with him inside the milk dairy. Sulekha requested the appellant to leave Ranjana but the other accused threatened her that in case she does not run away, she would also be caught. Oil this she left the spot. The appellant forcibly caught Ku. Ranjana and put her in his laps and took her inside the dairy. The remaining two accused remained outside the dairy as per directions of the appellant. With intention to commit sexual intercourse, the appellant ordered Ranjana to lie down. On her objection, she was threatened to be killed. At that moment, Sulekha along with the father of Ku. Ranjana reached the spot. On seeing them, the accused persons ran away. Ranjana jumped out of the dairy. She narrated the incident to her father and other persons present there. Thereafter, when Ku. Ranjana was going to the police station along with her father for lodging the report, she was threatened by the appellant. However, the crime against the accused persons was registered on the report of Ku. Ranjana.