BISHAN SHINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Bishan Singh appellant has been convicted under Section 354 Indian Penal Code, vide judgment dated 16/9/1994 and sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rs. 200.00, in default to undergo further rigorous imprisonment for one month, vide order dated 17/9/1994 passed by the Additional Sessions Judge, Faridabad. He has filed this appeal in order to challenge his conviction and sentence under Section 354, Indian Penal Code.

(2.) The appellant is alleged to have caught hold of Smt. Jagan Devi wife of Kanchan and dragged her inside the sugarcane field in the morning hours of 3/8/1992 when she was in the process of answering the call of nature in the fields near the village Abadi. He allegedly made her lie on the ground and put off her Dhoti and Peticot and made an attempt to commit sexual intercourse. Smt. Jagan Devi raised alarm, on hearing of which her husband Kanchan and Bai Chand P.W. rushed to the spot. On seeing them, the accused ran away. Thereafter she accompanied her husband to make a report to the Police. However, the Police met them at the Bus Stop village Patli. Her statement (Ex.PA) was recorded, on the basis of which formal F.I.R. (Ex.PA/1) was recorded at Police Station City, Palwal. The prosecutrix was medically examined at Civil Hospital, Palwal, on 3.8.1992 at 1.40 P.M. by Dr. Krishan Kumar (P.W.3), who found the following injuries on her person:

(3.) On the same very day Lady Medical Officer Dr. Poonam examined the prosecutrix and she gave her opinion as under :