MAHARAJ BUX SINGH Vs. STATE

JUDGEMENT

(1.) RAJESHWAR Singh, J. The Sessions Court convicted accused Maharaj Bux Singh under Section 376 read with Section 511, I. P. C. for attempt to commit rape and sentenced him to undergo rigorous imprisonment for four years. He had filed this appeal.

(2.) THERE is a village Deori Gaja, wherein there are a few houses of Harijans and the majority of the population is that of Thakurs, who are said to be dominating community and also well off financially, the allegations are, that these Thakurs take 'begar' from Harijans and on their declining to do it or on demanding wages, Harijans are tortured, their women folk are dis honoured and heinous offences are committed. The two victims in this case are Smt. Chhidans P. W. 1 and Smt. Ram Dulari P. W. 2. They are wives of two real brother. On 3-12-1977 they had gone to fields to take fodder. They cut fodder, made a bundle of it and put it on their heads. They started for the village. At that time accused Maharaj Bux Singh and his four other companions came at the spot. Accused Maharaj Bux Singh was armed with a gun. His companion Kalika had lathi and three other companions had pistols. Accused Maharaj Bux Singh and Kalika came forward and asked the two women Smt. Chhidana P. W. 1 and Smt. Ram Dulari P. W. 2 to stop. They threw away the bundles that were on the head of the victims. Accused Mararaj Bux Singh pointed his gun towards the victims, who were deprived of their silver ornaments. Accused Maharaj Bux Singh gave a threat that if the women would raise alaram, they would be shot dead. Then Kailash dragged victim Smt. Chhidana P. W. 1 and accused Maharaj Bux Singh dragged victim Smt. Ram Dulari P. W. 2 behind 'patawar' plants. They tore away the clothes of the women and attempted to rape them. The victim Ram Dulari P. W. 2 bad a 'hansicf in her clothes, which could not be seen by accused Maharaj Bux Singh. She took out 'hansia1 and struck accused Maharaj Bux Singh. It caused injury to the penis of Maharaj Bux Singh. Maharaj Bux Singh cried. Then women were able to free themselves and they tried to escape. These women were chased. Their way towards their house was blocked. Then they entered a field and kept on concealing themselves throughout the night. The assailants kept on hurling filthy abuses and giving threats. In the early hours of the morning victim Smt. Ram Dulari P. W. 2 was able to escape and went to another village at her father's place. Threats were given to the husbands of these victims. Smt. Chhidana went to another village from the field directly. Then she also reached the place of Smt. Ram Dulari's father. THEREafter somehow with some assistance, they were able to reach the Court. They addressed an application to the Deputy Inspector-General of Police (Harijan Cell ). On its basis, one first information report was recorded on 13-12-1977 at 4. 35 p. m. The distance of the police station from the place of occurrence is only 5 miles.

(3.) NO medical examination of the victims appers to have taken place as the report could be lodged with sufficient delay and its explanation is that due to their way being blocked, these two women could not go their house and they went to the village of brother of the victim Smt. Ram Dulari P. W. 2. Out of fear they could not go to the police station. When their husbands were able to contact them, they lodged the report. By then 10 days had passed and medical examinations could not have been of much use. In Balrampur Hospital, Lucknow, Maharaj Bux Singh was medically examined on 4-12-1977, who was brought by a constable. The following injuries was found on his person : (1) 8 cm X 2 cm, sharp edged incised wound, skin deep extending from root of the penis upto the left scrotum. (2) 1 cm X 1. 5 cm abrasion, left knee joint. All injuries were simple and fresh in nature. Injury NO. 1 was caused by sharp object.