HARBANS SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision is directed against the judgment of the learned Additional Sessions Judge, Patiala dated July 20, 1985, dismissing the petitioner's appeal against his conviction and sentence under section 377 read with section 511 of the Indian Penal Code by the Judicial Magistrate 1st Class, Rajpura, by judgment dated September 1, 1984.

(2.) THE relevant facts are that the petitioner is a constable and at the time of occurrence he was posted at Police Station Dera Bassi. On May 18, 1981 at about 10.45 p.m. Madan Lal, who was then aged 19-1/2 sleeping in front of his shop near the G.T Road. Harbans Singh is stated to have sat down on his cot and opened the strings of his pyjama as also his own string of the pyjama. Madan Lal raised alarm Mohinderpal Singh PW5 and Didar Singh who were passing by that side came there and caught hold of the accused. Several other persons also gathered later. The accused tried to escape. He was given some beating and taken to the Police station along with Madan Lal, where on the statement of Madan Lal DDR No 38 dated May 18, 1981, was entered the same day at 11.30 p.m. The police did not take any action for a considerable period. Ultimately under the orders of the SSP first information report Exhibit PA was entered on June 24, 1982, about 13 months after the occurrence. ASI Ved Parkash investigated the case including the recording of statement of the prosecution witnesses.

(3.) THE plea of the accused was that he had been falsely implicated on account of a grudge which Madan Lal was nursing against him. Madan Lal was a junk dealer and some parts of a sugarcane crusher which was stolen property had been recovered from him. On the day of occurrence, Harbans Singh petitioner was asked to accompany ASI Kewal Krishan for investigation of a murder case. In order to go with the ASI, Harbans Singh went to the house of Babu Singh to arrange for some money and on the way Madan Lal complainant met him and gave him a beating along with his companions on account of the aforesaid grudge. In order to prove his injuries, the petitioner examined Dr. R.K. Sharma DW1. He also produced Kehar Singh DW2 and Babu Singh DW3.