RAGHBIR SINGH ALIAS NADAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE accused-appellant Raghbir Singh alias Nadar (hereinafter referred to as 'the accused') was slapped with four years of sentence and a fine of Rs. 2000/- for attempting to commit rape upon the prosecutrix (name not disclosed) vide judgment dated 12.4.1996 passed by the learned Additional Sessions Judge, Kaithal, against which this appeal has been preferred.

(2.) BRIEF facts of the case, as unfolded by the prosecution, are that on 30.8.1993, at about 10.00 AM, when the prosecutrix was passing by the side of the gair (cattle shed) of the accused, then she noticed the accused while lying in front of his cattle shed. On seeing the prosecutrix, he called her for help in picking up the fertilizer bag on his head. When she went inside the room, she saw that five fertilizer bags were lying; the prosecutrix started helping him in lifting the said bags, the accused suddenly grappled with her; put her on the ground; broke open the cord of her salwar and tried to rape her. The prosecutrix in a bid to rescue herself slapped the accused and succeeded in escaping from his clutches. She started running in the street in a half naked condition wearing only jhumfer (shirt). In the meantime, Ajaib Singh (PW2), who was passing by that side on his bullockcart, met her and she narrated the whole occurrence to him. Consequently, he challenged the accused who was following the prosecutrix. At this, the accused fled away. Ajaib Singh brought her salwar from the inside and offered her to wear the same. After wearing the salwar the prosecutrix went to the fields and narrated the incident to her father Mewa Singh and brother Satyawan. The matter was taken to the panchayat, but the same could not be solved. Consequently, on the next day i.e. 1.9.1993, on her statement Ex.PA, the case was registered against the accused. On completion of the investigation, report under Section 173 Cr.P.C. was submitted. Charge under Sections 376/511 IPC was framed, which he opted to contest. In order to substantiate the charge, the prosecution examined 5 witnesses in all i.e. prosecutrix (PW1), Ajaib Singh (PW2), Kuldeep Gupta Draftsman (PW3), SI Sher Singh (PW4) and Mewa Singh (PW5).

(3.) THE prosecutrix being at the threshold of her youth had no animus against the accused to put her reputation at the peril. She could well anticipate that if she throws her modesty to the criticism of public, she could be condemned qua social and matrimonial aspects. She appears to be truthful witness as while appearing as PW-1, she tore out her abdomen saying that she was called by the accused in his cattle shed on the pretext that he needed her help in picking up the fertilizer bag on his head. She being illiterate and simpleton lady acted to his command as is usual in the villages, but she never anticipated about the evil design of the accused. She did not mince words while saying that after she went to the room and was in the process of giving aid to the accused in carrying the fertilizer bag on his head, he suddenly pounced upon her, threw her on the ground, broke upon the cord of her salwar and tried to rape her. She has not felt shy in saying that she gave fist blows and slaps to the accused and succeeded in rescuing herself and started running in the street, where Ajaib Singh emerged and saved her. He also brought her salwar from inside the cattle shed of the accused which she wore. She has been subjected to lengthy cross examination but nothing such could be elicited which could create a dent in the prosecution case and could be used for inspiring the court for loosing confidence in her.