MUKTESHWAR PRASAD, J. Accused Ravindra s/o Kulaf Singh has preferred this appeal against the judgment and order dated 17-10- 1981 passed by Sri B. P. Srivastava, the then VI Additional Sessions Judge, Mainpuri whereby he convicted the accused under Sections 324 and 354 of the Penal Code and sentenced him to undergo rigorous imprisonment for a period of two years and one year respectively thereunder. Both the sentences were directed to run concurrently. 2. In brief, the prosecution case is as under: P. W. 2 Shaitan Singh s/o Jagram Yadav handed over a written report at P. S. Shikohabad District Mainpuri, on 11-1-1981 at 12. 15 p. m. The informant alleged in his report that on 11-1-1981 at about 9. 00 a. m. his daughter Km. Shila Devi aged about 13 years accompanied by her sister Sunita aged about 9 years and cousin Somwati aged about 10 years had gone to the field to bring Hariyali for the cattle. At about 11. 00 a. m. accused Ravindra Singh reached there and asked Km. Shila Devi to accompany him to the mustard field. On her refusal, she was dragged to the mustard field with a view to commit rape on her. Km. Shila cried out whereupon accused with a view to kill her gave several blows on her neck and hands with a Khurpi. When Sunita and Somwati saw the accused causing injuries to Km. Shila with a Khurpi started weeping and ran towards village. On hearing the hue and cry Shaitan Singh, Chandan Singh and Hargun Singh arrived there. When the accused saw the witnesses, he ran away towards canal. When the informant reached the place of occurrence, he found Shila lying in the mustard field in a pool of blood. On inquiry Km. Shila disclosed that Ravindra Singh had dragged her to the mustard field with a view to have sexual intercourse with her and on refusal, made murderous assault. 3. Shaitan Singh got a report prepared by his co-villager Sitaram. The local police registered a case and prepared Fard Dakhila blood stained Khurpi. Km. Shila was sent to Firozabad for medical examination of her injuries. P. W. 5 Dr. P. K. Jain examined her injuries on 11-1-1981 at 4. 00 p. m. and found several incised wounds on the right side of the chin, neck and hands. The local police registered a case and prepared Fard Dakhila blood stained Khurpi. Km. Shila was sent to Firozabad for medical examination of her injuries. P. W. 5 Dr. P. K. Jain examined her injuries on 11-1-1981 at 4. 00 p. m. and found several incised wounds on the right side of the chin, neck and hands. Two abraded contusions were also found on the left shoulder and left scapular region. All injuries except 6 and 7 were caused by sharp edged weapon and were fresh at the time of examination. She was admitted in hospital and remained hospitalized up to 25-1-1981. 4. P. W. 4 S. I. Ranjan Lal Sharma investigated the case. During investigation, he collected blood stained earth from the place of occurrence and prepared site plan. After completing investigation, the I. O. submitted charge-sheet against the accused. 5. After committal of the case to the Court of Session, accused was charged under Sections 307, 354 and 376 of the Penal Code to which he pleaded not guilty and claimed to be tried. 6. In order to establish its case, prosecution examined five witnesses in all including P. W. 1 Km. Shila Devi, victim and P. W. 2 Shaitan Singh, the informant, and father of Shila and P. W. 3 Hargun Singh who is said to be an eye-witness. P. W. 4 S. I. Ranjan Lal Sharma, I. O. of the case and P. W. 5 Dr. P. K. Jain who had examined the injuries of Km. Shila. 7. Accused Ravindra Singh in his statement given under Section 313 Cr. P. C. totally denied the accusation levelled against him and pleaded his false implication in the case on account of enmity. He led no evidence in his defence. 8. After considering the arguments advanced on behalf of parties and close scrutiny of the entire evidence on record led by the prosecution, learned Judge found that the charges under Sections 307 and 376 of the Penal Code were not proved by the prosecution. The accused was however, found guilty for the offence punishable under Sections 324 and 354 of the Penal Code and convicted and sentenced as indicated above. 9. Aggrieved by his conviction and sentence, the accused has come up in appeal. 10. I have heard learned counsel for the appellant, learned A. G. A. and perused the record. The accused was however, found guilty for the offence punishable under Sections 324 and 354 of the Penal Code and convicted and sentenced as indicated above. 9. Aggrieved by his conviction and sentence, the accused has come up in appeal. 10. I have heard learned counsel for the appellant, learned A. G. A. and perused the record. Learned counsel appearing for the appellant has challenged the judgment under appeal mainly on the grounds that a false case was set up by the informant on account of enmity and the prosecution could not prove its case beyond reasonable doubt. No independent and reliable witness was examined. The appellant has got two children who are quite young. 11. On the other hand, learned A. G. A. has supported the finding arrived at by the Court below and urged that the appellant was rightly convicted and sentenced. 12. After having gone through the entire record carefully and taking into consideration the contention of the appellants counsel also, I find that the contentions of the appellants learned counsel are not well found and can not be accepted. 13. First of all, I find that incident in question took place in broad day light at about 11. 00 a. m. and incident was reported to the local police at 12. 45 p. m. on the same day at a distance of 3 kilometers. It is obvious that no delay took place in lodging F. I. R. Accused Ravindra Singh and the informant are co- villagers and as such the victim, the informant and the witnesses were well known to each other. Therefore, there was no question of committing any mistake in recognizing the culprit. 14. P. W. 5 Dr. P. K. Jain gave out in clear words that he examined injuries at 4. 00 p. m. on 11-1-1981 and found as many as 7 incised wounds and two abraded contusions on different parts of the body including neck and other parts. The assailant caused as many as 7 incised wounds with a sharp edged weapon on the neck and other parts. The informant and others picked up a blood stained Khurpi from the spot and handed over the same to the local police and a Fard was prepared. The witnesses saw sufficient blood lying in the field. Dr. Jain further testified that Km. Shila remained hospitalized from 11-1-1981 to 25-1- 1981 and received treatment. The informant and others picked up a blood stained Khurpi from the spot and handed over the same to the local police and a Fard was prepared. The witnesses saw sufficient blood lying in the field. Dr. Jain further testified that Km. Shila remained hospitalized from 11-1-1981 to 25-1- 1981 and received treatment. He gave out that injury Nos. 6 and 7 could be caused with a blunt object. Thus, it is crystal clear from the medical evidence on record that Km. Shila was attacked upon with a Khurpi in the mustard field on the impugned date at about 11. 00 a. m. and the culprit caused as many as 7 incised wounds on her body. In other words, the prosecution has succeeded in proving that incident as alleged by the prosecution took place on the impugned date and time and at the place as alleged by it. 15. P. W. 1 Km. Shila fully supported the prosecution story. It is clear from her testimony that on the date in question, she accompanied by her two sisters had gone to her field to bring Hariyali. At about 11. 00 a. m. , accused arrived there and proposed to her to have sexual intercourse and on her refusal, she was dragged to the mustard field but accused could not succeed in committing rape on her. She however, testified in unambiguous words that the accused tried to outrage her modesty by dragging her to the mustard field and by raising her clothes. 16. P. W. 2 Shaitan Singh and P. W. 3 Hargun Singh, who had reached the scene of incident on hearing the hue and cry raised by the girl and her sisters, corroborated the testimony of Km. Shila and gave out that when the accused saw them, he ran away towards canal and they were found Shila lying in a pool of blood. Both the witnesses saw several injuries on her person as well as blood. The informant and Hargun Singh disclosed that the blood stained Khurpi was also lying there and mustard plants had been damaged. In cross-examination, Shaitan Singh disclosed that his daughter was carrying a Khurpi and bag for bringing Hariyali. All the three witnesses of fact were cross- examined at length but nothing could be elicited in the cross- examination to discard their testimony. The incident in question took place in the second week of January. In cross-examination, Shaitan Singh disclosed that his daughter was carrying a Khurpi and bag for bringing Hariyali. All the three witnesses of fact were cross- examined at length but nothing could be elicited in the cross- examination to discard their testimony. The incident in question took place in the second week of January. Therefore, presence of the witnesses including Km. Shila in the field was quite natural and I see no good reason to disbelieve their testimony. Learned counsel for the accused suggested to Km. Shila that she used to bring Hariyali from the plot of accused and on his protest, he was falsely implicated. It was suggested to Shaitan Singh that he falsely implicated the appellant on account of groupism in the village. 17. In view of the foregoing discussion and observation, I conclude that the learned Judge rightly found the accused guilty for the offences punishable under Sections 324 and 354 of the Penal Code. The accused voluntarily caused several incised wounds to Km. Shila on the impugned date. He further dragged her to the nearby mustard field with a view to commit rape on her but on her refusal, caused injuries with a sharp edged weapon. I further find no good ground to reduce the sentence imposed on the appellant by the Court below. I, therefore, hold that this appeal has no merits and is liable to be dismissed. The appeal fails and is hereby dismissed. The conviction of the appellant under Sections 324 and 354 I. P. C. and the sentence imposed on him under two Sections by the trial Judge are upheld. Both the sentences shall run concurrently. The appellant is on bail. His bail bonds are cancelled. He shall be taken into custody forthwith to serve out the sentence imposed on him. 18. Let a copy of the judgment be sent to the Court concerned for information and compliance of the order. Compliance report be submitted to this Court within two months. Appeal dismissed. .