DASHRATH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal against judgment/order dated 15.9.1998 of the Court of Additional Sessions Judge, Rewari, whereby accused/Appellant was convicted for offence under Sections 376/511 IPC and sentenced to under to RI for five years and to pay fine of Rs. 5,000/ - and in default of payment of fine to further undergo RI for one year.

(2.) PROSECUTION case against the present Appellant was that on 21.2.1998 at about 10/11 a.m. when Bimla wife of Khajan Singh was going to the fields in village Bhagwanpur to give meals to her husband's younger brother and when she reached near the fields of Jaswant Singh, accused Dashrath appeared from the backside and caught hold her and took her in the field of mustard crop. There, the accused lifted her petticot and fell upon her. Accused tried to commit rape of her. He had gagged her mouth by putting her lugari in her mouth. However, she raised alarm and on hearing the same, Roshan Lal appeared at the spot. On seeing Roshan Lal, accused had run away from the spot.

(3.) THE case was registered on the statement of Bimla. It was investigated. Accused had been put to trial. The case was found to be proved and accused/Appellant was accordingly convicted and sentenced as aforesaid.