(1.) SINCE the aforesaid Criminal Revision and the Criminal Government Appeal arise out of the same judgment and order dated 26.02.2004, passed by Sessions Judge, Haridwar, therefore, both the cases are being decided by this common judgment for the sake of brevity and convenience.
(2.) PW 1 Smt. Shanti Devi (revisionist herein) wrote a complaint on 17.10.1994 against Jogendra Singh Thakur, which was registered as case crime No. 300/1994 at police station Roorkee, District Haridwar, enumerating the facts contained therein that she was the resident of Durga colony and lived all alone in her house. Her husband was working in the Indian Army in Assam. On 17.10.1994 at 8.15 AM, his neighbour Jogendra Singh Thakur (accused -respondent) came to her house and tried to outrage her modesty. She pushed him aside, came out of the house and raised an alarm. Witnesses, Surendra Singh Rawat and Thaman Singh Rawat came there. Accused used casteist remarks. She sustained injures. She therefore lodged an FIR in relation to the said incident.
(3.) PW 1 Smt. Shanti Devi (victim), PW2 Surendra Singh Rawat, PW3 Deputy S.P. Vishram Singh Kathoriya and PW4 Dr. A.S. Shukla were examined on behalf of the prosecution. Incriminating evidence was put to the accused under Section 313 Cr.P.C., in reply to which he said that he was falsely implicated in the case. No evidence was given in defence.