JUDGMENT :

Rajendra Kumar-IV, J.

1. Feeling aggrieved and dissatisfied with the impugned judgement and order dated 13.02.1990 passed by IVth Additional Sessions Judge, Shahjahanpur in Session Trial No.264 of 1989, under Sections 376/511 I.P.C., Police Station Sadar Bazar, District Shahjahanpur by which trial court convicting the accused-appellant for the offence punishable under Section 376/511 I.P.C. and sentencing him to undergo 4 years rigorous imprisonment with fine of Rs. 500/-with default stipulation, accused-appellant has preferred the present appeal.

2. As per prosecution case, on 12.08.1987 in the evening, informant's brother Shahjad left the house and went to visit Lal Imli Chauraha, when he did not get home till late, his younger sister victim aged about 9 years went to find out her brother. While going to cross road near biscuit factory of Atiullah, accused-appellant met her. He caught hold the hand of victim and started taking towards Mazar, victim / prosecutrix tried to raise alarm, accused pressed her mouth by his hand and threatened her to kill. He took her to Mazar and untied the victim's salwar. He made her to lie on the earth and tried to rape her. When victim shout