SULEKHAN SINGH Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 17-12-1980 passed by the Addl. Sessions Judge, Sri Ganganagar convicting the appellants of offence under Ss. 376, 511, I.P.C. and sentencing each of them to undergo 4 years rigorous imprisonment and to pay fine of Rs. 500/-, in default of payment, to further undergo 6 months' rigorous imprisonment.

(2.) In brief, the prosecution case is that on 19-2-1980 one Shri Diwan Chand lodged a First Information Report at police station Sri Karanpur stating inter alia that his daughter Toshi aged 16 years along with wife of his son Mst. Chindo had gone to the field. At about 1 p.m. Shri Shiv Singh s/o Shri Darshan Singh informed him that about half an hour before, accused-Sulekhan Singh, Sukha Singh and Bansa Singh misbehaved with his daughter Mst. Toshi. He also informed that Mst. Toshi was seen in terrible condition. On enquiry she disclosed that 3 accused persons namely Sulekhan Singh, Bansa Singh and Sukha Singh with intention to outrage her modesty caught her and took bite on her cheeks and undressed her. The incident was witnessed by Smt. Chindo and Smt. Sukh Deo Kaur. Providing the motive the informant stated that there was a rumour in the village that his son Raj Singh was having illicit relations with Jindo daughter of accused-Sulekhan Singh. To discuss the complaint Panchayat was called in which he had assured to send his son Raj Singh out of the village. On this information police registered a case under S. 354, I.P.C. and proceeded with investigation. After usual investigation, the police submitted a charge-sheet against 4 accused persons for offence under Ss. 376/511 read with S. 114, I.P.C.

(3.) During the trial, the prosecution examined 8 witnesses. The trial Judge held that the prosecution, succeeded in establishing the case of attempt to rape against all the accused persons except one namely Gyani alias Gyan Singh. The learned Judge accordingly convicted 3 accused appellants as stated above, and acquitted Gyan Singh.