JYOTI SANKAR TRIPATHY Vs. STATE

JUDGEMENT

(1.) :- The appellant stands convicted under Sections 376, 511 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs. 3,000.00 with a defaulting sentence.

(2.) Prosecution case is that on 6-12-1989 at about 9.30 a.m. while PW 1 (victim) was going to Kundi Ashamani High School, the appellant suddenly appeared on the way and gave a push to her as a result of which she fell down of the ground. The appellant thereafter pounced upon her and dragged her under garment and attempted to have sexual intercourse with her. At that time PW 7 who had come to attend call of nature heard the cry of PW 1 and came to the spot. On seeing PW 7, the appellant took to his heals. In respect of the said incident FIR was lodged by PW 2, the father of the victim PW 1. Investigation commenced and the appellant was put up for trial which has ended in his conviction, as aforesaid.

(3.) The plea of the appellant was one of denial. His case was that he was not in the village and was in fact getting treatment in Anantapur hospital from 4-12-1989 to 13-12-1989 and the case was foisted by the father of PW 1 due to previous enmity,