SMT. GANGESH SHARMA Vs. VEER SINGH

JUDGEMENT

(1.) THE challenge, by way of this appeal, is to the judgment and order of the learned trial court dated 27.03.2002 whereby the accused Veer Singh was acquitted of the charge under Section 354, 457 IPC.

(2.) THE background facts are that Smt. Gangesh Sharma is a Basic Health Worker and on the day of incident dated 29.04.1995 at about 08.30 p.m. when she was in her house along with her two minor daughters, aged about 10 and 12 years. The accused Veer Singh rang the call bell of the door. Smt. Gangesh Sharma opened the door. No sooner did the door so opened, the accused Veer Singh forcibly entered in the house pushing Smt. Gangesh Sharma behind. He took Smt. Gangesh Sharma to one of the bedrooms, tore her clothes and attempted to rape her, without her consent and against her will. The alarm was raised by her two daughters. The accused snatched a 20 grams golden chain from the neck of Smt. Gangesh Sharma. The incident was reported by phone call by Smt. Gangesh Sharma to the outpost police station of New Tehri. The police came at the spot. Smt. Gangesh Sharma gave a narration of the entire incident to Sub -Inspector, arrived at the spot.

(3.) NEXT day on 30.04.1995 at about 05.00 p.m. when Smt. Gangesh Sharma tried to know what happened about her narration, then she came to know that no FIR has been lodged by the police, as has been stated by Smt. Gangesh Sharma. However, a report under Section 323, 504 IPC was registered instead.