MOHMAD HUSSAIN Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by one Mohmad Hussain against the judgment of the Additional Sessions Judge, Paratapgarh-dated the 18th of December, 1954 whereby he has been convicted under sec. 376 of the Indian Penal Gods and sentenced to one year's rigorous imprisonment and a fine of Rs. 11/ -. In default of payment of fine, he has been sentenced to undergo simple imprisonment for 15 days.

(2.) THE incident relating to this case is said to have taken place at the appellant's house in the town of Chittor on the 13th of October, 1952 at about 8 p. m P. W. 10 Mathuralal, who conducted the investigation of this case, has stated that on the date of occurrence he got an information from a reliable source at about 8 p. m. that a Hindu girl was closed in the appellant's house. THEreupon he wrote out the first information report Ex, P. 1 and left the Police Station for going to the appellant's house. THE appellant met him in the way coming towards the Police Station and so he asked him to accompany him. THEn they went to the appellant's house and found that a number of persons had collected outside that house. He went inside and found a girl named Kamla in the appellant's room on the first floor. He brought the girl and the appellant back to the Police Station. After investigation, he challenged three persons namely, Chhogalal, Abdulla and the present appellant Mohmad Hussain.

(3.) IT also appears that there was no skiagram and, therefore, the evidence about the ossification of bone is not present.