SAROJ YADAV,J. - (1.)This appeal along with application under Sec. 378(3) of the Code of Criminal Procedure 1973 (in short "Cr.P.C.") has been filed by the State-appellant against the judgment and order passed by Additional Sessions Judge/F.T.C., Court No. 5, District Gonda in Sessions Trial No. 80 of 2006, under Ss. 376/511 of The Indian Penal Code, 1860 (in short "IPC"), wherein the accused respondent has been held guilty and punished under Sec. 354 IPC in place of Ss. 376/511 IPC.
(2.)Heard Sri Vishwas Shukla, learned Additional Government Advocate appearing on behalf of the State-appellant.
(3.)Shorn off unnecessary details, the facts necessary for disposal of this appeal are:- A First Information Report (in short "F.I.R.") was registered in pursuance of the order passed on the application under Sec. 156(3) Cr.P.C. moved by the complainant. It was alleged in the FIR that daughter of the complainant Km. 'X' aged about 10 years was coming back to the village after putting sugarcane into the field on 21/11/2004 at about 12.30 PM during the day. When she reached near Devi Patan Bank, the accused respondent Asha Ram took her away and gone into the bushes behind the bank and made attempt to commit rape on her. The girl/victim raised noise then Radhey Shyam, Pappu, Rakesh and many other people of the village reached there, only then the victim could be saved. The complainant was on duty for administering Polio drops at a nearby School. So after hearing the noise raised by her daughter, he also reached there and came to know about the incident. He went to the Police Station but his FIR was not registered. He also moved an application to the Superintendent of Police, Gonda but no action was taken. Thereafter he moved an application under Sec. 156(3) Cr.P.C. in the court and the Court passed the order, only then the FIR was registered against the accused respondent.