DAYA NAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) Leave granted.

(2.) The Appellant stands convicted under Section 376 read with Section 511 of the Penal Code and sentenced to rigorous imprisonment for five years and a fine of Rs. 2000/- with the direction that in default of payment of fine he would undergo rigorous imprisonment for a further period of two months.

(3.) According to the prosecution case, on February 2, 1998, at about 10.00 A.M., the prosecutrix had gone out to the fields for relieving herself. There she was accosted by the Appellant. Seeing him take off his pants, the prosecutrix tried to run away but the Appellant caught hold of her and pulled her down to the ground. The prosecutrix freed herself by biting on the Appellants hand and ran towards her house. The Appellant chased her and again caught hold of her. He pulled her down and grabbed her breasts and attempted to commit rape on her. She resisted him and in their struggle some mustard crops grown in the field were also damaged. On alarm raised by the prosecutrix, her mother and uncle came to the spot and on seeing them, the Appellant ran away threatening the prosecutrix that he would kill her in case she went to the police.