- (1.) The challenge in this appeal is to the judgment dated 24 January, 1992 whereby, the learned Additional Sessions Judge, Kishangarhbas (Alwar) acquitted the accused-respondent Unnis @ Unni in the offence under Section 376/511 of IPC.
(2.) The nub of the appellant's story is:- That on 24 February 1990 at 4.00 pm the prosecutrix aged nine years was digging the grass near the field of Khatibas. It is alleged that Unnis @ Unni S/o. Mehmooda suddenly came and forcibly lifted her to the Mustard field and having taken off her salwar, laid her on the ground. It is further alleged that the accused gagged her mouth and forcibly efforted to penetrate his penis into her vagina who did not succeed and as a result of which, he being in a hurried heat discharged the semen on her body and cloths. The prosecutrix narrated this incident to her father Shri Sherdeen, who lodged the FIR Ex. P/1 in police station Tapukada, District Alwar. The police registered the case and commenced investigation. The Investigating Officer recorded the statements of the witnesses, prepared the site plan Ex.P/2, arrested the accused and after usual investigation submitted the challan in the Court. In due course, the case came up for trial before the Additional Sessions Judge, Kishangarhbas, who read over the charge of the offence under Section 376/511 of IPC to the accused, who did not plead guilt and claimed trial. The prosecution examined in all five witnesses to prove its case. In his explanation under Section 313 of Cr.PC, the accused-appellant claimed innocence. On completion of trial, the court acquitted the respondent as indicated hereinabove.
(3.) Heard the learned Public Prosecutor appearing for the State, Learned counsel for the accused-respondent and with their assistance scanned the material available on record.;