back side and raped her again. Thereafter, appellant No.
2 fondled with her private parts but could not rape her
because ... took her word for granted
insofar as he was alleged to have fondled her private parts
after the act of sexual intercourse by Ganpat appellant
salwar
(salwar utar di) and then he started playing with her / fondling with
her (zabardasti khel raha tha). On court question as to what
mother's sister and maternal grand father of
her daughter has fondled with the private parts of her daughter. On
being asked she told ... Salen Rai. She informed that Salem
Rai i.e. her Nana had fondled with her private parts by his fingers. She
told these facts
nearby, came to the place where Mathura (P.W. 1) was and fondled her private parts. He also wanted to rape her but was unable ... took her word for granted insofar as he was alleged to have fondled her private parts after the act of sexual intercourse by Ganpat appellant
prosecutrix hereunder:-
"The accused alongwith two other persons started fondling
me. Thereafter I became unconscious and I regained
conscious in the morning and then ... testified that accused Amar Kumar
alongwith two of his associates firstly started fondling her then she became
unconscious and when she regained consciousness
construction
site and by threatening her asked her to fondle and handle his
penis. Then, on the next day, the appellant/accused again
took ... occasions. On first occasion, he
asked her to touch and fondle his penis, whereas on the next
occasion on the following day, the appellant/accused
complainant, caught hold off the victim from behind and
started fondling and kissing her. It is the further case of the
prosecution that just then ... when the accused trespassed into her
house from behind, held her tightly, fondled and kissed her,
that act of the accused attracts the provisions
thereafter, forced the Victim to insert her hand into
his trousers and fondle his genital. He gave her Rs.50/- (Rupees fifty)
only, after ... opened
the zip of his trousers. He then told me to fondle his penis which I refused
but he forcibly pulled my hand and made
there was no mention if the
accused had fondled with her private part or had inserted finger / hand.
Specific case of the prosecutrix that time ... physical relation with
her. Initially, she disclosed that the accused had only fondled with her
inside the house. When she was asked Court questions
thereafter removing her undergarments and to start
fondling with her clearly proves the intention of the
accused. He had brought the said child ... removal of the clothes of the prosecutrix and her fondling
fulfils the requirement of section 354 IPC and amount to
an assault with an intention
