MADHO SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - Instant criminal appeal has been filed by the appellant under Section 374(2), Criminal Procedure Code against the judgment and sentence passed by the Special Judge, SC/ST (Prevention of Atrocities) Act, Bhilwara dated 21.12.1993 passed in Criminal Case No. 3/1992, by which, the accused-appellant was convicted under Section 354, Indian Penal Code and trial Court passed sentence of one years rigorous imprisonment along with fine of X 500, in default of payment of fine, to further undergo three months' simple imprisonment.

(2.) As per brief facts of the case, an F.I.R. was registered under the thumb impression of complainant Smt. Bhagwani W/o Lokchand Balai at Police Station Gangapur, in which, it is alleged by the complainant that on 21.7.1991 at about 5 P.M. in the evening when she was going with her husband to her father's house, in between the way, tyre of her husbands bicycle got punctured, therefore, husband of the complainant went back for getting the puncture mended and, in the meantime, the complainant walked along the way to her father's house. At that time, near the pond, the accused-appellant who was riding a mare tried to outrage modesty of the complainant and assaulted her with teeth using filthy words.

(3.) At that juncture, husband of the complainant returned there and accused-appellant ran away from that place. In the complaint it is specifically pleaded that in the evening no F.I.R. was registered on that day; but, thereafter, on the next day i.e., 22.7.1991, after medical examination at her own, she filed complaint along with copy of the injury report given by the doctor. The reason for registering the F.I.R. or the next day for the above incident was given that due to night F.I.R. was not filed at that time.