YUSSUF KHAN Vs. STATE OF H.P.

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) APPELLANT was sent up for trial for an offence under Section 376 read with Section 511 of the Indian Penal Code, for making an attempt to commit rape on a girl aged around 14 1/2 years. The alleged incident had taken place on 13.1.2002, when the prosecutrix had gone to the fields to pick "saag" (tender leaves and shoots of mustard plants which are cooked as a vegetable dish), where the appellant allegedly pulled her shawl as a result of which the "saag" got scattered. Then he asked the prosecutrix to gather the scattered "saag" and carry the same to her house. When the prosecutrix started gathering the scattered "saag", the appellant allegedly caught her by her arms from behind and started pulling her towards the nullah and took her to some distance and there he removed her salwar and also unzipped his pants. The prosecutrix then gave a push to the appellant as a result of which he fell down. Taking advantage of this situation, the prosecutrix ran away from the spot half naked, i.e. without salwar to the house of Noordeen (PW12) where latter's wife Sayad Bibi (PW11) was present. The prosecutrix told said Sayad Bibi that the appellant had tried to commit rape on her and that her shawl, salwar and chappals were lying on the spot. She also told that the appellant had chased her and tried to over power her after she had pushed him and thrown him on the ground. Sayad Bibi (PW11) called a neighbour, named, Smt. Kalawati (PW5) and both of them went to the field. They saw the salwar and the chappals of the prosecutrix lying in the fields. They brought the salwar and the chappals to Sayad Bibi's house. Prosecutrix wore the salwar and chappals and then Noordeen (PW12) took her to her father's house.

(3.) SUBMISSIONS made by the learned counsel for the appellant are two pronged. Firstly, it is submitted that the evidence on record does not prove the involvement of the appellant in the commission of crime and secondly, even if the appellant is assumed to be involved in the commission of crime, his act does not amount to offence of attempted rape, but to an indecent assault punishable under Section 354 I.P.C.