DARBARA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal is directed against the judgment of Special Judge, Kaithal, who has convicted the appellant for offence under Section 452 IPC and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs.500/-. In default of payment of fine, to further undergo rigorous imprisonment for two months. The appellant has also been convicted for offence under Section 354 IPC and sentenced to undergo rigorous imprisonment for six months. Both the sentences were ordered to run concurrently.

(2.) The appellant was named as accused in case FIR No. 119 dated 11.8.1996 registered at Police Station Cheeka, under Sections 452 & 354 IPC and Section 3 & 11 of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "1989 Act").

(3.) In the present case, FIR was lodged at the instance of Smt. Krishna wife of Surjit Singh, caste Jat, resident of Harigah Kingan. On 11.8.1996 at 4.00 P.M. she made statement Ex.PA to Kedar Singh, Assistant Sub Inspector, in which she has stated that she is resident of Harigarh Kingan; has got four children and all the children i.e. two sons and two daughters were minor. Her husband Surjit Singh was employed as servant of Nachhattar Singh son of Kakka, resident of Harigarh Kingan. On 10.8.1996, her husband had gone to fields after taking meals. She was sleeping on the roof of the house along with her children. At about One O'Clock, present appellant Darbara Singh son of Gurdev Singh, resident of village Harigarh Kingan came on the roof through staircase after scaling over the wall of the courtyard. The complainant was sleeping when the accused sat on her cot. The complainant woke up. Accused had made an attempt to outrage her modesty. Complainant gave slap and fist blows to accused and raised noise of "Bachao Bachao". On hearing the noise, neighbourers Balkar Singh and Ghunna were attracted at the spot. The accused ran away through staircase after opening the door of courtyard. The husband of complainant was not present at the house. Therefore, on his return, complainant narrated the incident and when they were going to Police Station then the police party met them and they made statements. The matter was investigated and report under Section 173 Cr.P.C. was submitted.