STATE OF H.P. Vs. DILWAR SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment of acquittal dated September 24, 1996, recorded by learned Sessions Judge, Bilaspur, in Criminal Appeal No. 10 of 1994.

(2.) In order to appreciate the controversy, few facts may be noticed:

(3.) Nisha Devi, hereinafter referred to as the victim, was resident of village Samlohal within Police Station Talai of District Bilaspur. Her husband at the relevant time was employed in the army and was on duty outside the State. She was living with her father -in -law, mother -in -law and younger brother of the husband. On 1st December, 1992, her father -in -law left the village for Kangra/Hamirpur to visit relations. On 2nd December, 1992, at about 8 a.m. victim left her house to fields carrying dung. It is the case of the prosecution that after dumping dung in her fields victim starts back home with a bundle of fire wood on her head. On her way back Dilawar Singh, hereinafter referred to as accused accosted her. He caught hold the victim from her wrist and started pressing her breasts. He offered Rs. 100 apparently for sexual submission. She resisted the attempt. A scuffle ensued in which her bangles were broken. Accused also tore the shirt which the victim was wearing. Accused threatened the victim that if she disclosed this incident to any person, he would kill her. She raised commotion which was heard by Lekh Ram (PW -2) who was working in the Nallah about 150 yards from that place. Lekh Ram raised his voice and said that she should not get scare and he is coming. On seeing Lekh Ram coming to the place of occurrence, accused fled away.