around 7.30 to 8.00 a.m. when the victim who was then aged about 13 years, had been to the house of the applicant to fetch milk. The applicant was alone at his house and, therefore, taking advantage of the said situation, he had gagged her mouth by putting a piece of cloth in her mouth and then took her inside the tin-shed. He tied her hands and legs despite resistance. Thereafter, he picked up her gown and pressed her breast. He also touched her private part and thereafter removed the piece of cloth from her mouth and kissed her lips. It is alleged that the victim is residing in the neighborhood of the applicant, he was aware that not only she was a minor girl but also belongs to Scheduled Caste community. It seems that when he was about to commit rape upon her, his wife entered and therefore, before she could notice the act of her husband, he immediately freed the victim by threatening her that if she discloses the incident to any one, he would throw her into the well. Thereafter, he even offered her 20 rupees note and asked her to come early on every morning. By that time his wife came inside, to whom the applicant asked to give her milk and left the spot.
