SHAMSHER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against judgment and order dated 16.8.2002 whereby the learned Trial Court convicted the appellant for the offence under Sections 366/354 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 1,000/- under Section 366 of the Indian Penal Code and in default thereof, to further undergo rigorous imprisonment for one year and also to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 500/- under Section 354 of the Indian Penal Code, and in default of payment of fine, to undergo further rigorous imprisonment for two months. Both the sentences were ordered to run concurrently.

(2.) BRIEF facts of the case are that prosecutrix Smt. Usha lodged a report with the police to the effect that on 14.4.2001, at around 10.00 a.m., when she was going to fetch water from the well, accused-appellant Shamsher Singh abducted her and took her to the house of one Hardeva and then touched her with blandishment and bite on her cheeks with an intention to outrage her modesty. Her clothes were torn during scuffling and on raising shrieks by the prosecutrix, her jethanis Smt. Krishna and Smt. Munni rushed to the spot and on seeing them, the accused-appellant fled away. During the course of investigation, site plan was prepared and statements of the witnesses were recorded under Section 161 of the Code of Criminal Procedure. After completion of investigation, the accused-appellant was challaned to face trial.

(3.) IN support of its case, the prosecution examined Inderpal, Draftsman as PW1, Dr. Ishwar Singh Punia as PW2, Prosecutrix Smt. Usha as PW3, Smt. Krishna, the eye-witness as PW-4 and ASI Ishwar Chander as PW5.