ADARSH KUMAR GOEL, J. - (1.) THE appellant has preferred this appeal against his conviction and sentence, which is as under :- U/s 450 IPC Five years U/s 354 IPC One year
(2.) BOTH sentences were to run concurrently. Case of the prosecution is that K (real name withheld) (hereinafter referred to as Prosecutrix) was a student of 5th class. On 18.7.1990, the Prosecutrix returned from the school at 1200 Noon. Her parents were not at home. At 4.30 P.M., accused Gangal entered the house, took the Prosecutrix in his arms, felled her on a cot, unstringed the salwar of the prosecutrix and his own payjama and kachha. He then pressed her on the cot by his knees placed on her breast. She cried. Mother of the prosecutrix entered the house and she gave a blow to the accused with Madhani (stick used for extracting butter from the milk). The accused ran away from the house. Meanwhile, father of the prosecutrix also came. Parents of the prosecutrix took her to police post where her statement was recorded, which led to registration of FIR. The accused was arrested on the next day and was medico-legally examined. On completion of investigation, the accused was challaned. Charge was framed against him under Sections 376/511 IPC, but subsequently, charge under Section 450 IPC was also added.
(3.) THE prosecution examined eight witnesses including the prosecutrix PW5, her mother PW6 Durga Devi, PW3 Hardwari Lal ASI and PW8 Prem Singh ASI, who investigated the case and PW1 Dr Krishan Kumar, who medico-legally examined the accused.;