STATE OF H.P. Vs. DURGA SINGH

JUDGEMENT

(1.) HEARD and gone through the record. Respondent was sent up for trial for offences punishable under Section 354 and 316 of the Indian Penal Code, for allegedly assaulting a married women, who was in an advance stage of pregnancy, with an intent to outrage her modesty and also causing the death of the quick unborn child in the womb of the lady. The lady shall be referred to as "the prosecutrix" hereinafter.

(2.) ALLEGATIONS on which the respondent was charged with and tried for the aforesaid offences may be noticed. Prosecutrix was present in her court yard on 5th March, 1986 when the respondent allegedly went there and embraced the prosecutrix and also tried to loosen the string of her salwar. He also allegedly put his hand on her breast. When the prosecutrix objected to the conduct of the Whether reporters of the Local papers are allowed to see the judgment? respondent, he allegedly threw her on the ground, hit her with a piece of stone Exhibit P1, which was lying nearby, on her head, abdomen and other parts of the body, as a result of which she sustained various injuries. Incident was noticed by Chander Pal (PW7) and Smt. Sewati Devi (PW18). Sewati Devi (PW18) took the prosecutrix to the verandah of her house. In the meanwhile, Digamber Dutt (PW8) reached there. He was apprised of the incident. Digamber Dutt sent the information to the husband of the prosecutrix, who was in a different village in connection with his job as a labourer. After some time, the husband of the prosecutrix arrived. Prosecutrix was taken to Govt. Dispensary Gumma, where she was attended upon by Dr. Narinder Kumar Mohindroo (PW3) who after doing the medical check up, referred her to Shimla hospital as she was in an advanced stage of pregnancy. Next day, the prosecutrix delivered a still born child. FIR was lodged at the Police Station on 6.3.1986 by the husband of the prosecutrix. Police conducted the investigation and challaned the respondent/accused, under Section 354 and 316 of the Indian Penal Code.

(3.) WE have perused the record and heard the learned Additional Advocate General. The story of the prosecutrix is not corroborated by any other witness. Even the Medical evidence does not corroborate her story. Her version is that she was hit on the head and abdomen by the respondent on 5.3.1986 and it was on that very day that she was assaulted by the respondent with intent to outrage her modesty. However, the evidence on record shows that she had sustained the injuries on her person prior to 5th March, 1986. She had been medically examined on 4.3.1986 by Dr. Narinder Kumar Mohindroo (PW3), who noticed the following injuries on her person: