SALAMU Vs. STATE OF HARYANA

JUDGEMENT

(1.) The contour of the facts & evidence, unfolded during the course of trial, culminating in the commencement, relevant for deciding the instant appeal and emanating from the record, as claimed by the prosecution, is that in the night intervening 24/25.04.2002, the prosecutrix(PW2)(name intentionally withheld), her husband Hanif(PW3) and children were sleeping on the roof in front of first floor(Chobara) of their house. At about 2.00 AM, as soon as she was asleep, in the meantime, the string of her loose trouser(Salwar) was untied. She woke up and noticed the appellant- convict Salamu son of Rajak Sheikh (for brevity "the appellant") in naked condition, bent upon her and put his hands on her breast. She removed his hands from her breast. It was alleged that the appellant attempted to commit forcible rape by gagging her mouth. On hearing the noise, her husband Hanif came running there and tried to grip the appellant. But he took out a knife and ran away after leaving his Chappals and Tehmad(Dhoti). He was stated to have threatened them with dire consequences of elimination, in case, the matter was reported to the police or any action was taken against him.

(2.) Levelling a variety of allegations and narrating the sequence of events in detail, in all, the prosecutrix claimed that the appellant attempted to commit forcible rape on her. In the background of these allegations and in the wake of complaint(Ex.PB) of the prosecutrix made on 28.04.2002, the present criminal case was registered against the appellant, vide FIR No.143 dated 28.04.2002, on accusation of having committed the offences punishable under Sections 376, 511, 452 and 506 IPC, by the police of Police Station Punhana, District Gurgaon, in the manner depicted here-in-above.

(3.) After completion of the investigation, final police report (challan) was submitted by the police against him to face the trial for the pointed offences.