GULAM AHMED Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellant Gulam Ahmed, hereinafter referred to as 'the accused', was tried and convicted for an offence punish- able under Section 376 read with Section 511 of the Indian Penal Code for an attempted rape of a minor girl of eleven years, hereinafter referred to as 'the victim'. The accused was sentenced to suffer rigorous imprisonment for five years and to pay a fine of rupees 10.000/-. In case of default in the payment of fine, the accused in directed to undergo imprisonment for six months.

(2.) Dissatisfied by his conviction, the accused is in this appeal.

(3.) The prosecution case appears to be The victim, a student of class five and eleven years of age at the relevant time, is daughter of Sant Ram who is blind. The accused along with some Kashmiri labours was employed by Leela Devi, mother of the victim, for felling and sawing 'safeda' trees. In the fore-noon of March 18, 2001, the mother of the victim sent the victim to feed goat in the nearby cow shed. Accused approached the victim at the cow shed and took her towards near-by nullah down below the cow shed. He took her dupatta, put it on the ground and laid down her on the dupatta. He also tore her salwar and attempted sexual intercourse after taking off his pants. Before the accused could penetrate, succeed, Leela Devi came calling the victim. She saw accused lying over the victim. On seeing the mother of the victim, the accused got up, put on his pants and fled away. The accused, however, had ejaculated on the shawl of the victim.