- (1.) KUNDAN Singh, J. This appeal has been preferred against the judgment and order dated 31-8-79 passed by Sri Ramji Lal, the then IVth Additional District and Ses sions Judge, Bareilly, whereby appellant Wahid Husain has been convicted under Section 376,i. P. C. and sentenced to undergo R. I. for 3 years in Sessions Trial No. 171 of 1978.
(2.) THE prosecution case as set out in the F. I. R. , briefly stated, was that on 30-10-1977 Km. Maskooran, daughter of Wazir Shah had gone to collect the ground nuts from the field of Umrai. At about 4. 00 p. m. Umrai was constructing a 'mend' of his Held, while Smt. Maqboolan was cutting paddy in her field. THE appellant forcibly laid down Km. Maskooran on the 'mend' of his sugar cane field and committed rape on her. On a hue and cry raised by the girl, Umrai and Maqboolan attracted to the scene of occur rence. THE accused who was wearing a 'tahmad' ran away from the place of occur rence. THE girl was taken to her house. Badloo informant returned to his house in the evening, who was informed about the inci dent by the witnesses. Due to night he could not go to the police station. However next morning he went to the police station Shahi, District Bareilly along with the victim Km. Maskooran where an F. I. R. was lodged by him at 9. 30 a. m. A case was registered in the presence of S. I. Laxman Pushkaran (P. W. 5), who was entrusted to the investigation of the present case. He recorded the state ments of the witnesses including the victim. He also inspected the spot and prepared a site plan. Later on the investigation was transferred to Ram Iqbal Singh, S. I. , who after completing the remaining investiga tion submitted a charge sheet in court against the accused. Km. Maskooran was medically ex amined by Dr. Usha Agarwal (P. W. 6), who found her hymen torn recently at 3. 00 and 6. 00 O'clock position. In the opinion of the Doctor an attempt was made for committing rape by penetrating the penis in the vagina and in the opinion of the Doctor the rape was probably committed at 1. 00 p. m. on 30-10-77. She was advised X-ray to deter mine the age of the victim. On the basis of the X-ray report the Doctor was of the opinion that the victim was aged about 12 years. The prosecution examined Smt. Maqboolan and Umrai besides the victim Km. Maskooran as eye witnesses of the factum of incident. Badloo informant was ex amined as P. W. 1 to prove the first informa tion report. Laxman Pushkaran, S. I. (P. W. 5), who investigated the case at the initial stage and Dr. Usha Agarwal (P. W. 6), who medically examined the victim were also examined as prosecution witnesses.
(3.) THE appellant denied the prosecu tion version and stated in his statement recorded under Section 313, Cr. P. C. that, 'chaukidar' was a man of police. Mas kooran and Baldeo were in collusion with 'chaukidar' He was standing on the patri of Canal. Maskooran victim took a sugarcane from his field for which he scolded her. She ran weeping and fell down on the ground. THEreafter he went away to his house. He further stated that he has been falsely impli cated in the present case due to enmity. The learned Sessions Judge after going through the evidence on record held appellant guilty of the offence charged with an accordingly he convicted and sentenced him as stated above.;