KRISHNANAND Vs. HARBANS SINGH

JUDGEMENT

(1.) THIS is an application in revision by Krishnanand against the order of the learned Sessions Judge, Jaipur District, Jaipur dated 27th October, 1964 by which he upheld the conviction of the non-petitioner Harbans Singh under secs. 457 and 354 of the Indian Penal Code, but without passing any sentence on him released him on probation of good conduct under sec. 4 of the Probation of Offenders Act, (hereinafter called the Act ).

(2.) THE case of the prosecution was that the non petitioner who was Agricultural Extension Officer of Panchayat Samiti, Bairath, during the absence of the petitioner who was Block Development Officer in the same Panchayat Samiti on the night between 16th and 17th June, 1962 at about 2 a. m. entered his quarter by seal-ling over the compound wall and attempted to commit rape upon his wife Krishna Kumari who was sleeping in the court-yard of the quarter all alone. THE non-petitioner tried to over-power her, caught her from behind and gagged her mouth to stop her from crying. Smt. Krishna Kumari bit his hand, caught him by his beard and struggled and cried which awakened Gajanand who was residing in the adjacent quarter. THE non-petitioner on being challenged by Gajanand ran way after opening the door of the court-yard.