- (1.) MUKTESHWAR Prasad, J. Accused Ravindra s/o Kulaf Singh has preferred this appeal against the judgment and order dated 17-10- 1981 passed by Sri B. P. Srivastava, the then VI Additional Sessions Judge, Mainpuri whereby he convicted the accused under Sections 324 and 354 of the Penal Code and sentenced him to undergo rigorous imprisonment for a period of two years and one year respectively thereunder. Both the sentences were directed to run concurrently.
(2.) IN brief, the prosecution case is as under: P. W. 2 Shaitan Singh s/o Jagram Yadav handed over a written report at P. S. Shikohabad District Mainpuri, on 11-1-1981 at 12. 15 p. m. The informant alleged in his report that on 11-1-1981 at about 9. 00 a. m. his daughter Km. Shila Devi aged about 13 years accompanied by her sister Sunita aged about 9 years and cousin Somwati aged about 10 years had gone to the field to bring Hariyali for the cattle. At about 11. 00 a. m. accused Ravindra Singh reached there and asked Km. Shila Devi to accompany him to the mustard field. On her refusal, she was dragged to the mustard field with a view to commit rape on her. Km. Shila cried out whereupon accused with a view to kill her gave several blows on her neck and hands with a Khurpi. When Sunita and Somwati saw the accused causing injuries to Km. Shila with a Khurpi started weeping and ran towards village. On hearing the hue and cry Shaitan Singh, Chandan Singh and Hargun Singh arrived there. When the accused saw the witnesses, he ran away towards canal. When the informant reached the place of occurrence, he found Shila lying in the mustard field in a pool of blood. On inquiry Km. Shila disclosed that Ravindra Singh had dragged her to the mustard field with a view to have sexual intercourse with her and on refusal, made murderous assault. Shaitan Singh got a report prepared by his co-villager Sitaram. The local police registered a case and prepared Fard Dakhila blood stained Khurpi. Km. Shila was sent to Firozabad for medical examination of her injuries. P. W. 5 Dr. P. K. Jain examined her injuries on 11-1-1981 at 4. 00 p. m. and found several incised wounds on the right side of the chin, neck and hands. Two abraded contusions were also found on the left shoulder and left scapular region. All injuries except 6 and 7 were caused by sharp edged weapon and were fresh at the time of examination. She was admitted in hospital and remained hospitalized up to 25-1-1981. P. W. 4 S. I. Ranjan Lal Sharma investigated the case. During investigation, he collected blood stained earth from the place of occurrence and prepared site plan. After completing investigation, the I. O. submitted charge-sheet against the accused.
(3.) AFTER committal of the case to the Court of Session, accused was charged under Sections 307, 354 and 376 of the Penal Code to which he pleaded not guilty and claimed to be tried. In order to establish its case, prosecution examined five witnesses in all including P. W. 1 Km. Shila Devi, victim and P. W. 2 Shaitan Singh, the informant, and father of Shila and P. W. 3 Hargun Singh who is said to be an eye-witness. P. W. 4 S. I. Ranjan Lal Sharma, I. O. of the case and P. W. 5 Dr. P. K. Jain who had examined the injuries of Km. Shila.;