JASBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The two appellants namely Jasbir alias Budhu and Balvinder Singh alias Bhupa stand convicted under Section 354, Indian Penal Code, by the Additional Sessions Judge, Ambala, vide his order dated 27th July, 1983. The trial Judge deemed it proper to give the appellants the benefit of Probation of Offenders Act. However, he ordered them to pay Rs. 200/- each as compensation payable to the prosecutrix.

(2.) The prosecution case in short is that on 20th October, 1982 at about 11 A.M. Smt. Jawantri P.W. 1 and Miss Parkasho Devi P.W. 2 had gone to the fields to cut some grass. Both the appellants emerged from a sugarcane field and started dragging these two. P. Ws. towards the sugarcane field. In this process, both of them received some injuries also and their clothes were torn. however, hue and cry raised by these P.Ws. attracted P.Ws. Jaimal and Lajja Ram to the Spot and both these P.Ws. namely Smt. Jawintri and Smt. Parkasho Devi were rescued. First Information Report Exhibit PA/2 was recorded at Police Station, Jagadhri at 9-25 P.M. the same day evening on the basis of statement of Smt. Jawintri which is Exhibit P A. The appellants were challaned under Sections 354 and 376/511, Indian Penal Code. However, they were convicted.

(3.) The appellants when examined under Section 313, Criminal Procedure Code, denied the prosecution allegations and stated that Smt. Jawintri P.W. had removed some sugar cane from their field. She was given beating by them and a false case had been cooked up against them, In defence, they examined Mehr Singh D.W. I Member Panchayat of the village He supported the version as given by the appellants.