RAM MEHAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the order of conviction and sentence passed against Ram Mehar appellant by Additional Sessions Judge, Rohtak vide order dated 4-7-1987 sentencing him to undergo rigorous imprisonment for 2 years and to pay fine of Rs. 1000/- in default to undergo further rigorous imprisonment for 6 months for having assaulted or for having used criminal force to Smt. Roshni wife of Shiv Narain intending to outrage her modesty on 5-9-1986 at about 12-30 p.m. in the areas of village Madina. Fine was ordered to be paid to Smt. Roshni, if recovered.

(2.) Now the factual matrix of the case in brief.

(3.) On 5-9-1986, Smt. Roshni wife of Shiv Narain P.W. 2 went to their fields with meals for her husband. After some time, she was returning to her house, she was intercepted by Ram Mehar accused at about 12-30 p.m. who came from behind and caught hold of her. He lifted her and took her in bajra field. She kept trying to get out of his clutches. He felled her on the ground and tried to open the string of her salwar. She raised alarm and gave sickle blows on the face of the accused with a view to disable him so that he did not satisfy his carnal lust on her. Accused fled away. Thereafter she went to her husband and narrated him the episode. She and her husband came to Ram Mehar in his field. Ram Mehar apologised to her husband for this indecent act of assault on his part. She and her husband came to their house in village Madina.