JAGDISH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment dated July 10, 1986, passed by Additional Sessions Judge the Indian Penal Code and was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 300.00 in default of payment of fine, to further undergo rigorous imprisonment for two months.

(2.) The investigation of this case was conducted by S.I. Samey Singh, on the report Ex. P A lodged by Smt. Murti wife of Bhagirath, resident of Village Dulheri. The occurrence took place on August 24, 1984 at about 11 a.m. when Mst. Murti was returning to her house from the fields after collecting fire-wood. When she reached near the fields of Jagdish-accused-appellant, where in bajra crop was down, Jagdish accused-appellant at once appeared from the bajra crop, caught hold of her hand and gave a blow on the backside of her neck. Thereafter, the accused Jagdish took her in the bajra crop and made her fall on the ground. She started weeping. The accused gagged her mouth with both hands; broke open the string of her salwar and started fondling her thighs with his knees. She continued weeping. Saqhu Ram son of Kesho Ram, resident of Village Dulheri came to the spot; and on his coughing, accused Jagdish leaving her alone, fled away from the spot. On returned to the village, she narrated the whole incident to her mother-in-law Smt Sunehri. She did not get the case registered against the accused out of shame, as there were talk of compromise. Since no compromise was arrived she narrated .the whole occurrence to the police in the Dharmshala of the village, where her statement Ex. P A was recorded by Sub Inspector Samey Singh, which was read over and explained to her and she duly thumb marked the same in token of its correctness.

(3.) Samey Singh, Sub, Inspector, made endorsement Ex. PA/1 on the said statement and sent it to the Police Station for registration of the case, where formal. First Information Report Ex. PA/2 was recorded under Section 354 of the Indian Penal Code, against the accused. The investigating officer prepared the site plain Ex. PB with correct marginal notes. The matter was verified by the D.S.P. Headquarter. The accused was arrested on August 29, 1984.