TRILOK SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) APPELLANT Trilok Singh, a police Head Constable was prosecuted on the report of the police, P.S. Lohaghat, district Champawat for committing an offence punishable under Sections 376/511 of the IPC. He was held guilty and convicted under Section 354 of the IPC and sentenced to the period of imprisonment already undergone (49 days) and a fine of Rs. 500.00 per judgment and order dated 28-6-2001 by the Sessions Judge, Pithoragarh.

(2.) THE prosecution case, in brief was that on 10-02-2002 at about 5.30 a.m. in the town of Champawat in front of the house of PW-1 Devendra Singh Manral, the appellant made an attempt to commit rape on an unknown insane lady. The FIR of the case was lodged by PW-1 at 3.30 p.m. the same day and on investigation of the case charge-sheet was submitted against the appellant. Appellant had denied the accusation of the prosecution and claimed that complainant Devendra Singh Manral was engaged in illegal liquor trafficking in the year 1999 and when he had objected to it complainant felt displeased and roped him in the false case.

(3.) LEARNED Sessions Judge made appreciation of the evidence on record and came to the conclusion that from the evidence on record it was not established that the appellant had made any attempt to commit rape on that insane lady but was of the view that the appellant had made assault or used criminal force to said women with intent to outrage her modesty by lying on her person and thus found the offence punishable under Section 354 of the IPC proved beyond doubt against the appellant. The appellant was thus convicted and sentenced as mentioned above.