HARBHAJAN SINGH @ BHAJAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal appeal under Sec. 374(2) of the CrPC has been preferred by the appellant being aggrieved of the judgment dtd. 5/1/1996 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act cases, Sriganganagar in Criminal Case No.288/1994, whereby he was convicted and sentenced to undergo one months rigorous imprisonment under Sec. 447 of IPC and six months rigorous imprisonment alongwith a fine of Rs.500.00 and in default of payment of fine, further to undergo simple imprisonment of one month under Sec. 3(1)(11) of SC/ST (Prevention of Atrocities) Act.

(2.) Bereft of elaborate details, facts relevant and essential for disposal of the instant appeal are that on 6/6/1994, Smt. Nasib Kaur wife of Shri Gurdev Singh gave a written report to the Assistant Police Superintendent, Sri Ganganagar to the effect that she is the resident of Mohanpura and belongs to a Scheduled Caste. On 5/6/1994, in the mid-night when she was sleeping in her house, the accused Harbhajan Singh came over to her house and put his hand on her mouth and forcibly tried to rape her. On her cries, her husband, who was sleeping besides her, woke up and when he tried to intervene, the accused inflicted a knife injury on him. On this information, an FIR No.221/1994 was registered at Police Station, Ganganagar Sadar and after usual investigation, a charge-sheet was filed against the appellant under Ss. 458, 323 and 190 of IPC and Sec. 3 of the SC/ST Act.

(3.) The Learned Magistrate framed charges against the appellant for the above offences and upon denial of guilt by him, commenced the trial. During the course of trial, the prosecution in order to prove the offences, examined as many as 8 prosecution witnesses and also examined defence witness namely Harcharan Singh. The accused, upon being confronted with the prosecution allegations, in his statement under Sec. 313 CrPC, denied the allegations and claimed to be innocent. Then, after hearing the learned Public Prosecutor and the learned Defence Counsel and upon meticulous appreciation of the evidence, learned trial court convicted the accused for offences under Ss. 447 of IPC and under Sec. 3(1)(11) of SC/ST Act vide judgment dtd. 5/1/1996. Hence, the instant appeal is filed before this court.