BHARGAVA, J.—This is an application in revision by Sittu against his conviction under sec. 376 read with sec. 511 of the Indian Penal Code. He has been sentenced to rigorous imprisonment for two years and to pay a fine of Rs. 100/-.

2. The facts are that on 14th August, 1963, the petitioner forcibly took Vimla a girl aged 12 years to a nearby pit when she was returning from village Akbarpur to her own village Allapur, felled her down in the pit, removed her Shalvar and made her naked. He too became naked by removing the Lang of his Dhoti. He fell upon the girl and tried to introduce his male organ into the private parts of the girl. The girl put up a strong resistance and so there was no penetration. Cries of the girl attracted one Noor Shah (P. W. 9) to the place of occurrence. Noor Shah saw the petitioner lying on Vimla who was then naked. The petitioner hurled stones upon Noor Shah as a result of which he ran away from there, but on the request of the girl he informed her relations. The petitioner again felled her down and lay upon her, but the girl again resisted. In the meantime, Beliram (P.W. 3), Amarchand (P. W. 6) Santasingh (P.W. 4) and Nanak Chand (P.W. 8) arrived at. the

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