JUDGEMENT
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(1.)UNDER challenge in the instant criminal appeal is the judgment dated 21.02.2012 passed by learned Additional Session Judge, Court No.12, District Hardoi, in Sessions Trial No.245 of 2011 arising out of Case Crime No.51 of 2011, Police Station Pihani, District Hardoi, whereby the appellant -Pankaj was convicted for the offence under Section 376/511 IPC and was sentenced to undergo rigorous imprisonment for five years and also with fine of Rs.2000/ - with default stipulation of one month's rigorous imprisonment. All the sentences were directed to run concurrently.
(2.)THE facts necessary for the disposal of the present appeal are that the daughter of the complainant Bodil aged about 12 years (hereinafter referred as victim) had gone to attend the call of nature on 06.02.2011 at about 6.30 p.m. in the field of Vidyasagar Singh situated towards east of the village. Appellant -Pankaj reached there and caught hold of the victim with an ill intention and made an attempt to commit rape. On hearing cries of the victim Ram Sagar reached on the place of occurrence and the FIR of this case was lodged on the same day at 20:40 hours. As per the chik report, the place of occurrence from the police station was 9 kms. The Investigating Officer inspected the place of occurrence and prepared a site plan and after completing the investigation charge -sheet was filed.
(3.)THE case of the defence was that the father of the appellant owns a tractor and the appellant had ploughed the field of the complainant on rent. Rs.900/ - were outstanding against the complainant for the said work and when the appellant demanded the same, then some altercation took place and due to this reason this false case has been concocted.
In order to prove its case, the prosecution has examined PW -1 the complainant, Bodil, PW -2 Ram Sagar, the alleged eye witness named in the FIR. However, he has turned hostile and has not supported the prosecution story. PW -3, the victim, PW -4 S.I. Arun Kumar Shukla, the Investigating Officer of this case, PW -5 Constable Rajesh Kumar Singh, who has prepared the chik report and GD of this case.
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