BASHIR Vs. STATE OF J AND K

JUDGEMENT

(1.) On the charge of having attempted to commit rape upon Shakeela Bano, a minor child of 7/8 years, the appellant herein was tried by the learned Sessions Judge, Udhampur and sentenced to suffer four years rigorous imprisonment and to pay a fine of Rs. 1,000/-. In default of payment of fine the appellant was directed to further undergo six months simple imprisonment.

(2.) It was alleged by the prosecution that on 17-6-1986 the prosecutrix had gone to fetch firewood in the forest and while on her way home, she was caught hold of by the appellant at about 6 p.m. who forcibly-opened the girdle of her salwar, felled the prosecutrix on the ground sat on her and attempted to commit rape on her by introducing his male organ into her private part. When noise was raised it attracted the attention of Mohd Subhan and Abdul Aziz who rescued the minor child. The appellant is alleged to have managed to flee from the place of occurrence. The case was registered at Police Station, Mahore. After investigation the final report under Sec. 376/511 R.P.C. was produced in the Court Sessions Judge, Udhampur.

(3.) In order to prove the case against the accused the prosecution examined Mst. Shakeela Bano, Mohd Subhan, Abdul Aziz, Abdul Rahim and Gokal Chand, Investigating Officer as witnesses. Abdul Samad and Fazal Din were examined as defence witnesses in the case. Upon trial the learned Sessions Judge convicted the appellant under Sec. 376/511 R.P.C. and sentenced him to imprisonment referred to hereinabove vide the judgment impugned in this appeal.