- (1.)THE applicant Gangaram 16 years, was convicted Under Section 376, Penal Code by the Additional District Magistrate, Narsingpur, who ordered him to be detained in the Borstal Institute at Narsingpur for a period of 3 years; and his appeal was dismissed by the Additional Sessions Judge, Narsingpur. He has now come up in revision to this Court.
(2.)THE prosecution case was, briefly stated, as follows. At about sunset on 20th May 1918, Sukko (P. W. 3), a 7 year old girl, had with Moslem females of the village, via, Singhpur, Narsinghpurtahsil, gone to the river for the immersion of sahra and while they were preoccupied with that ceremony, the went to ease herself behind bushes in the vicinity. When she returned, the females had gone to their houses and she accordingly set out for homo alone. On the way, the applicant met her, lifted her up, took her to a pit in the bed of the river and raped her. He left her there unconscious and went away.
(3.)WHEN she regained her senses, she went to her house but her parents were not there. Her father Barelal (P. W. 1) was working in his field and her mother Gora (P. W. 10) was at a singing party. Sukko went to sleep in her house and was still asleep when her parents returned to it. Next morning, Barelal went to his field before she woke up and when she got up, she recounted to her mother Gora what had happened to her. Gorasent for Barelal and after the matter had been reported to the village officers, Sukko was taken to the Narsingpur police-station 5 miles away, where she made the report Ex. P. 3 at 330 p. m. on 21st May 1948 to Shankerlal (P. W. 2), head constable, who seized from her the sari article A as there were blood. like stains on it.