MAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a revision petition filed by Man Singh against the judgment dated March 16, 1981 of the learned Additional Sessions Judge, Bhiwani, by which he dismissed his appeal against the judgment dated November 25, 1980 of the Additional Chief Judicial Magistrate, Bhiwani, by which he convicted him under Sections 377 and 342, Indian Penal Code and sentenced him to undergo rigorous imprisonment for 3 years and a fine of Rs. 500/- under the first count and to 6 months rigorous imprisonment under the second count with the direction that the substantive sentences so awarded to him shall run concurrently.

(2.) THE prosecution story, in brief, is that on the night intervening 11/12.8.1977 Satbir Singh, Ravi Kumar Metha and Nitin Kumar were sleeping on the railway platform of Railway Station Bhiwani. The accused Man Singh came there and took the aforesaid three boys in a barrack at the police post and directed them to take off their clothes and then the accused committed carnal intercourse with them. At that time, Bansi Lal, P.W. came to the platform for urinating and on hearing the cries he went towards the police post, peeped inside barrack and found that the accused was committing carnal intercourse with the boys, who were standing naked. bansi Lal called Gulshan Kumar to that place and he also saw the unnatural act being committed by the accused with the boys. Both of them then came to the railway platform after bolting the room of the barrack from outside. Leaving Gulshan Kumar near the barrack Bansi Lal se tout for the police station to lodge the report. Inspector Banarsi Lal met him in the way and he made a statement Exhibit P.B., before him. Inspector Banarsi Lal went to the spot, opened the door of the barrack and found the accused and the victims present there. The accused and the victims were sent to the hospital for medical examination. Dr. O.P. Kakkar medically examined them and observed as follows :

(3.) TO connect the accused with the crime, the prosecution examined 10 witnesses. The accused denied the prosecution allegation and pleaded that in fact he came to Bhiwani with dak and was sleeping on the platform and that Prem Singh, incharge of the Police Post was present when the inspector awakened him and arrested him in this case. Head Constable Jaswant Singh was examined in defence.