RAM KISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The contour of the facts & evidence, unfolded during the course of trial, which needs a necessary mention for the limited purpose of deciding the instant appeal and emanating from the record, as claimed by the prosecution, is that on 9.3.1994, the prosecutrix (PW2) (name withheld) and her aunt Bhani (PW1) had gone to the fields for cutting fodder. At about 4.30 P.M., she (prosecutrix) was coming from the fields to her house. As soon as, she reached near short cut passage (kacha rasta), in the meantime, appellant-convict Ram Kishan son of Pehlad (for brevity "the appellant") came there from back side, caught hold of her and pressed her breast. He opened the string of her loose trousers (Salwar) and made her to lie on the ground. He opened the string of his loose trousers (Pyjama) and laid upon her. She made hue and cry, which attracted Smt. Bhani (PW1) and Dharampal PW, who rescued her from the clutches of the appellant.

(2.) The case of the prosecution further proceeds that thereafter, the appellant ran away from the place of occurrence and jumped into the well. The prosecutrix narrated the entire incident to her uncle complainant Jag Ram (PW3) (for short "the complainant"), who reported the matter to the police. In all, according to the prosecution that on 9.3.1994 at about 4.30 P.M., the appellant attempted to commit rape on prosecutrix without her consent. He himself tried to commit suicide by jumping in the well. In the background of these allegations and in the wake of statement (Ex.PA) of the complainant, the present case was registered against him, vide FIR No.42 dated 9.3.1994 (Ex.PE), on accusation of having committed the offences punishable u/ss 376 read with section 511 and 309 IPC by the police Station Loharu, District Bhiwani in the manner depicted here-in-above.

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