GADDI Vs. STATE OF H.P.

JUDGEMENT

(1.) The appellant challenges his conviction by the learned trial Court for offences under Sections 363 and 354 I.P.C. sentencing him to undergo rigorous imprisonment for two years and fine of Rs.3,000/ - and in default to further undergo rigorous imprisonment for three months. He was also sentenced to undergo rigorous imprisonment for one year and fine of Rs. 2,000/ - under Section 354 I.P.C. and in default of payment to undergo rigorous imprisonment for three months.

(2.) Prosecutrix PW4 Km. Manisha was a minor aged about four years on the date when the alleged offence was supposed to have been committed.

(3.) The case of the prosecution is that on 11.7.2001, the prosecutrix was removed from the lawful guardianship of her mother PW3 Smt. Sunita Devi. It is alleged that minor Km. Manisha was playing in the court yard of her house when the accused forcibly took her away to the nearby fields by scaring her with a knife took of her Salwar and tried to sexually assault her. On hearing her cries, her mother PW3 Sunita Devi rushed to the court yard and found that the prosecutrix was undressed and she was holding ˜Suthnu (Salwar) in her hand and was crying. She saw the accused running up -hill from the scene of occurrence and chased him. On the way, she also met PW5 Smt. Ishro Devi, who also joined her in the chase but they were unable to apprehend the accused.