JUDGMENT

M.H. Beg, J. - The appellant, Jagannath, has been convicted under Section 376, I. P. C. and sentenced to six years' R. I. and the appellant Jallu has been convicted under Section 3761109, I. P. C. and also sentenced to six years' R. I. by an Assistant Sessions Judge, of Budaun.

2. The prosecution case was : On 30th of November, 1966, a minor girl, Shyama Devi, P. W. 1 aged about I1 years, daughter of a man called Tursi of village Ujhauli in the district of Budaun, on her way back after having carried some food to her father' who was working on a field, sat down on a path to cut some grass. The accused came along and asked her why she was cutting the grass. The girl replied that it was the field of Babu Ram and that it was no business of the accused to question her. Thereupon, the appellant Jallu is said to have carried her inside the field for a few yards. She was thrown on the ground. Her mouth was caught and her neck pressed against the ground by Jallu, to prevent her from raising an alarm, while Jagannath raped her. The girl, however, managed to cry out with the result that Nem Chand, P. W. 2, Gokul Ram, P. W. 3, and her uncle Mukundi, P. W. 6, who were working in a pota