SITTU Vs. STATE

JUDGEMENT

(1.) THIS is an application in revision by Sittu against his conviction under Section 376 read with Section 511 of the Indian Penal Code. He has been sentenced to rigorous imprisonment for two years and to pay a fine of Rs. 100.

(2.) THE facts are that on 14th August, 1963, the petitioner forcibly took Vimla a girl aged 12 years to a nearby pit when she was returning from village Akbarpur to her own village Allapur, felled her down in the pit, removed her 'shalvar' and made her naked. He too became naked by removing the 'lang' of his Dhoti. He fell upon the girl and tried to introduce his male organ into the private parts of the girl. The girl put up a strong resistance and so there was no penetration. Cries of the girl attracted one Noor Shall (P. W. 9) to the place of occurrence. Noor Shah saw the petitioner lying on Vimla who was then naked. The petitioner hurled stones upon Noor Shah at a result of which he ran away from there, but on the request of the girl he informed her relations. The petitioner again felled her down and lay upon her, but the girl again resisted. In the meantime. Beliram (P. W. 3), Amarchand (P. W. 6), Santasingh (P. W. 4) and Nanak Chand (P. W. 8) arrived at the spot. The matter was reported to the police and the petitioner was taken out of the pit by the police Head Constable.

(3.) THE Medical Officer found the lower part of hymen of Vimla reddened and in view of that he was of the opinion that penetration was possibly attempted but not effected. The girl had also as many as 39 injuries on her body which according to the medical opinion were caused by thorn pricks. There were also injuries on the lip of the girl which according to the medical opinion was caused by blows. At the time of medical examination, forehead, eye brows, neck, cheek and hair of Vimla were soiled with mud. Her Kurta was also soiled with mud.