- (1.) MUKTESHWAR Prasad, J. Accused Balvir, son of Prem Singh Jatav, has preferred this appeal against the judgment and order dated 24-7-1981 passed by Sri Iqramul Bari, the then IV Additional Sessions Judge, Bijnor in S. T. No. 496 of 1980 whereby he convicted Balvir under Section 354 I. P. C. and sentenced him to pay a fine of Rs. 1,000. In default, he was ordered to undergo simple imprisonment for a term of six months. Out of the fine, realised Rs. 500 was directed to be paid to Km. Saroj as compensation.
(2.) THE facts of the prosecution case, in brief, are as under. Accused Balvir and informant Jagram were residents of village Katpur, Police Station Nangal, District Bijnor in the year 1979. On 10-5-1979, P. W. 3 Jagram, father of Km. Saroj, was away from his house in connection with his Pheri business and his wife Smt. Kalawati and their children, including Km. Saroj, were present at their house. Jagram could not return home on 10-5-1979 and he reached home in the morning of 11-5-79. On 10-5-79, Smt. Kalawati alongwith his daughter Km. Saroj, aged about 12-13 years old, went to the Thrasher of Phool Singh and their wheat for the purpose of thrashing. At about 10. 00 p. m. Smt. Kalawati asked her daughter to bring a Chadra (a piece of cloth) for carrying the wheat after thrashing. She rushed to her house. When she was returning with the cloth and was on the way behind the house of Ghamman Singh, accused Balvir caught hold of her and raped on her. On the alarm raised, co- villagers Ratan Singh and Hori Singh arrived there. When the accused saw the witnesses he left the girl and ran away.
(3.) WHEN Jagram returned to his house in the morning of 11-5-79, his wife Smt. Kalawati narrated the entire story to him. He asked the villagers to accompany him to the police station to lodge a report but none was ready to accompany. Jagram reached Nangal on a bicycle and both father and daughter reached there. He got a report prepared by one Mohd. Ali and reached the police station. The local police registered a case at crime No. 33, under Section 376 I. P. C. at 12. 45 p. m.;