RAJ PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) On July 22, 1984 a case was registered against Raj Pal and Randhir Singh petitioners at Police Station Gharaunda under Sections 451, 354 read with Section 34 I.P.C. on the statement of Mst. Rafijan wife of Dariya. She averred that on July 21, 1984 at about 8.00 P.M. She was cooking meals in her kitchen where both Raj Pal and! Randhir Singh arrived with an intention to outrage her modesty. Raj Pal Caught hold of by her arm while Randhir kept standing at some distance. She cried for help when Raj Pal told her that he was to get nothing from her and then started fondling her breasts. In the scuttle that ensured her shirt was. torn. On hearing her cries her husband Dariya, one Noora and Suna came to her rescue. On seeing them Raj Pal and Randhir scaled over the will and ran away. The incident was narrated to the respectable of the village but no action was taken.

(2.) After registration of the case investigation was conducted by Sub Inspector Kishan Chand. Torn shirt of Hafijan was taken into possession in the presence of Rattan Singh.. After completion of the investigation charge-sheet was presented in Court

(3.) Both the accused were charged for offences under Sections 451, 354 read with Section 34 I.P.C. They pleaded not guilty to the charge and claimed trial. In their statements under Section 313 Cr. P.C. Raj Pal stated that Dariya had taken a loan of Rs. 10,000!- from Randhir Singh on .the occasion of marriage of his sons Karambir and Sound and when he was asked to repay the loan he in connivance with his wife implicated him and his co-accused Randhir in a false case. The same defence was taken by Randhir. One witness was examined in defence. Prosecution case rested on the testimony of Hafijan and her husband Dariya. Noora, Surta and Partap Singh were given up. On consideration of the evidence, Judicial Magistrate 1st Class, Karoal held that charge under Section 354 read with Section 34 I.P.C. was proved against the accused. They were held guilty and were sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 200/- each. In default of payment of fine they were to further undergo Rigorous Imprisonment for three months. Aggrieved by this judgment dated 15.1.1986 Raj Pal and Randhir Singh preferred an appeal which was dismissed by the learned Additional Sessions Judge, Karnal as per judgment dated 3.6.1986. The two accused have now filed this criminal revision assailing the judgments of the Court below referred to above.