BHOLU RAM Vs. STATE

JUDGEMENT

(1.) THIS criminal appeal is directed against learned Sessions Judge, Udhampurs judgment dated 21.1.2004, convicting appellant -Bholu under Section 376/511 RPC and sentencing him to five years rigorous imprisonment and a fine of Rs. 2000/ -.

(2.) THE prosecution case is that one Faqir Chand had left his house along with his minor daughter Kailasho on 19.3.2001, to get flour from a Water Mill. He went to a Flour Mill at Patangarh but could get only four kilograms of flour therefrom. He dispatched his minor daughter home along with the flour so procured and himself proceeded towards another water Mill for getting some more flour. Appellant Bholu was accompanying the minor daughter on her way home. The appellant is alleged to have dragged the minor towards the bushes and started removing her clothes. The minor raised noise when Munshi Ram came on spot and rescued the minor girl. On the report of the mother of the victim, FIR No. 22/2001 was registered at Police Station, Chenani under Section 376/511 RPC.

(3.) LEARNED Sessions Judge, Udhampur, to whom the case had been committed for trial, found the appellant guilty under section 376/511 RPC and sentenced him to five years rigorous imprisonment and a fine of Rs. 2000/ -.