- (1.) G. S. N. Tripathi, J. This a Criminal Revision arising out of judge ment and order dated 14-2-1996 passed by the Sessions Judge, Shahjahanpur in Criminal Appeal No. 40/95- Ram Pal v. State of U. P. The learned Sessions Judge by virtue of his order, has confirmed the conviction of the accused under various Sections of the IPC. But he has modified the sentence as below:
(2.) THE accused had been convicted and charged under Sections 452, 453 and 323, IPC. He was awarded 8 months R. I, on a charge under Sec tion 452, IPC and ordered to pay a fine of Rs. 1,000 on failure to pay the fine, 3 months, Additional R. I. was awarded. On a charge under Section 354, IPC, he was sentenced to undergo one years' R. I and further ordered to pay a fine of Rs. 1,000, On failure to pay the fine, 3 months' R. I. was awarded. On a charge under Section 323, IPC, he was awarded 6 months R. I. In appeal, the learned Sessions Judge confirmed the order of con viction under all the heads. But he reduced the sentence under Section 452, IPC to 3 months' R. 1. The sentence of the fine was maintained as it was. Under Section 354, IPC, the sentence was reduced to 5 months' R. I. But the sentence of fine was maintained. On a charge under Section 323, IPC, the sentence was reduced to 3 months R. I. This revision has been admitted only on the point of sentence.
(3.) SRI Krishna Murari lodged the report at the police station on 14-2-1991 with the allegations that during the absence of his wife and himself and two other daughters, namely, Ram Guni and Rashma, Kumari Khajana was alone in the house. At about 11 a. m. , when Kumari Ram Guni and Rashma had gone to the fileds to take fodder, Kumari Khajana aged about 4 years, was all alone. Accused Ram Pal was trying to drag Kumari Khajana inside the house in order to commit rape upon her. The two other minor girls, namely Ram Guni and Rashma incidentally reached at the very time. They saw the accused dragging Kumari Khajana and also beating her with the Rinch. The complainant Krishna Murari and his wife returned in the evening from Mela. Then they were informed about the incident. He lodged the report at the police station on the same day. Kumari Khajana was examined. One multiple abraided contusion 5 cm X 4 cm. on the left cheek in all directions was found on the person of Kumari Khajana. The other injury was multiple abraided contusion 7 cm. x 5 cm. over right side face right cheek, irregular in all directions. The third injury was traumatic swelling 2 cm. x 1 cm. on the part of the nose, left side. The prosecution examined the complainant Krishna Murari, Kumari Khajana (the victim) two other daughters Kumari Reshma and Kumari Ram Guni and Dr. Jasbir Singh apart from the I. O. The accused denied his involvement in the crime. However, the learned Magistrate after appraising the entire evidence and circumstances on the record and taking into consideration the statement made under Section 313, Cr. P. C. , found the accused guilty on the aforesaid charges and convicted and sentenced him as noted above.;