CHARANJIT SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This criminal revision is directed against the judgment dated July 31, 1984 of the learned Sessions Judge, Solan and Sirmur Districts at Nahan whereby he maintained the order of conviction and sentence passed by the learned Chief Judicial Magistrate, Solan under Ss. 377 and 506 of the Indian Penal Code. Accused-petitioner Charanjit Singh was sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of R. 500/-. In default of payment of fine, he was to undergo rigorous imprisonment for a further period of two months.

(2.) Briefly stated, the prosecution case is that PW. 2 Ramesh Chand was employed by Filter R. P. Engineering Company at Delhi and it was during the course of that employment that he was deputed to accompany truck No. PUP 9667 carrying goods of the Company from Delhi to Parwanu on November 5, 1981. The accused was the driver of that truck and Trilok Chand was its cleaner. This truck was owned by the brother of Gopal Singh. Gopal Singh also travelled in the truck during the aforesaid journey.

(3.) The occupants of the truck took their meals at Murthal. After sometime, P. W. 2 Ramesh Chand felt sleepy and was asked by the accused to go and sleep in the tool box where the cleaner was also lying down. Ramesh Chand did accordingly. The truck reached Pipli town at about 2 a.m. on November 6, 1981. It appears that Gopal Singh and the driver (accused) had also become sleepy by that time. Gopal Singh went to some place nearby to sleep whereas the accused came to the tool box and replaced the cleaner. The cleaner was sent away. After sometime, the accused started making indecent overtures to Ramesh Chand. He kissed Ramesh Chand and put his hand on the thigh. Ramesh Chand objected but the accused threatened him with his 'Kirpan' Ex. P-1 and had carnal intercourse with him against the order of nature. Both of them kept lying together till 6 or 7 A.M. at which time the accused wanted to satisfy his lust once again but was successfully refrained from doing so by Ramesh Chand. The truck reached Parwanu at about 11.30 A.M. on November 6, 1981. It was at that time that P. W. 2 Ramesh Chand mentioned about the incident to his friends P. W. 4 Kamal Kumar and P. W. 6 Bhim Dutt. P. W. 2 Ramesh Chand then lodged the report Ex. P-A at Police Station, Parwanu at 12.30 P.M. on the same date.