M.C. Jain, J. - (1.) The State has lodged this appeal against the judgment and order dated 28.7.1998, passed by Sri A.K. Jain, V Additional Sessions Judge, Bulandshahr in Sessions Trial No. 1098 of 1994, acquitting the accused respondent Jugendra of the charges under Section 302 and 376 read with Section 511 I.P.C. The victim was Km. Vineshwari aged about 8-9 years, daughter of Pitambar alias Peeta.
(2.) The incident took place on 24.6.1994 at about 12 O' clock noon in village Bara Gaon, P.S. Arnia, District Bulandshahr, situated at a distance of about 9 Km. from the Police Station. The F.I.R. was lodged by Pitambar alias Peeta on 24.6.1994 at 2.45 P.M. The accused respondent was allegedly apprehended at the spot. The prosecution case in broad essentials was that because of a breach in canal, water was flowing in front of the house of the informant. On 24.6.1994 in the noon, Vineshwari aged about 8 years, daughter of the informant and the informant's son Dharam Veer aged about 5 years were taking bath in that water. Kali Charan and Ganeshi PW 2 were grazing their cattle nearby. The accused resident of the same village coaxed Vineshwari to accompany him to the nearby field of Layak Singh. Dharam Veer also followed them. In his attempt to commit rape on Vineshwari, the accused put off her underwear in the field and covered her after downing her on the ground. Vineshwari cried and Dharam Veer also raised alarm. Kali Charan and Ganeshi PW 2 had seen the accused taking Vineshwari followed by Dharam Veer to the field of Layak Singh. On hearing the alarm of Vineshwari and Dharam Veer, Kali Charan and Ganeshi rushed up and gave call to the informant Pitambar alias Peeta PW 1. He and his elder son Harpal also rushed to the spot and saw that the accused was pressing the neck of Vineshwari. He strangulated her to death. After committing the crime, he tried to run away but was apprehended. It was found that Vineshwari had already died. Lifting her dead body from the field, the complainant brought the same to his house.
(3.) Leaving the accused in the custody of the villagers, he went to the Police Station to lodge the F.I.R. after getting the same scribed by Ram Pal Singh. The case was registered and investigation followed as usual at the hands of S.O. S.S.I. Balbir Singh PW 7. He reached the spot, prepared the site plan, inspected the dead body of the deceased and prepared the Panchayatnama as also necessary papers for post mortem. The underwear of the deceased was taken in possession and recovery memo was prepared. After being sealed, the dead body was sent for post mortem which was conducted by Dr. S.K. Sharma PW 4 on 25.6.1994 at 1.30 P.M. in the presence of another Doctor Y. Singh. The deceased was aged about 9 years and about one year had passed since she died. The following ante mortem injuries were found on her person: (i) Abrasion 5 cm x 1 cm over right ramus of jaw extending to the neck. (ii) Abrasion 3 cm x 1 cm over left supra clavicular region.;