PREM BAHADUR Vs. U.T. CHANDIGARH

JUDGEMENT

(1.) PUSHPA daughter of Kishan Lal aged about 9 years was living with her father at Mani Majra, Chandigarh. Kishan Lal made his livelihood by selling sugarcane on a push-cart. Appellant Prem Bahadur worked in a canteen and used to visit Kishan Lal. On 17.3.1992 at about 7.30 P.M. he came to the house of Kishan Lal. He took Pushpa prosecutrix with him on the pretext that he would take her to the Bazar. After sometime, appellant did not return, Kishan Lal found that Pushpa had come home while crying. On the enquiry made by Kishan Lal and his wife Saroj Bala, she disclosed that the appellant had taken her towards the cremation ground and raped her. There were blood stains on the shirt and salwar of Pushpa.

(2.) ON the basis of these facts, Kishan Lal lodged a report and formal F.I.R. was recorded at police station Mani Majra.

(3.) APPELLANT was arrested on 31.3.1992. He was medically examined and found to be sexually potent. On these facts, report under Section 173 Code of Criminal Procedure was submitted in the Court of learned Judicial Magistrate.