PHOOL CHAND Vs. SMT. JAI DEVI

JUDGEMENT

(1.) THIS is a defendants second appeal from the decree of the IInd Temporary Civil Judge of Farrukhabad awarding the plaintiff-respondent damages for assault and battery. The plaintiff, Smt. Jai Devi alleged that on 22nd August 1959 the defendant entered the plaintiffs house and caught hold of her arm and dragged her with the intention of committing sexual intercourse with her. She contended that the defendant by this act had committed the tort of battery and claimed a sum of Rs. 1,000 as damages. The defendant resisted the suit and denied that he had assaulted or attempted to assault the plaintiff, or that he ever went to the house of the plaintiff on the alleged date. His version was that the plaintiffs husband and his companions had beaten him and then filed this complaint to counteract any complaint by the defendant.

(2.) THE trial Court did not believe the plaintiffs story and dismissed the suit. On appeal the learned Judge disagreed with the trial Courts assessment of the evidence and held that the plaintiff and her witnesses had told the truth. He allowed the appeal and awarded the plaintiff a sum of Rs. 600 as damages against the defendant who has come to this Court in second appeal.

(3.) THE argument that the Court below should have taken into account the fine inflicted on the appellant cannot be taken seriously. The fine is payable to the State whereas the damages are payable to the person who is a victim of the assault.