OM PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard.

(2.) It is alleged that the applicant, who is a Police Constable, entered into the house of Smt. Chand Kanwar, a widow, in Mohallah Badwaka and attempted to commit rape on her and also demanded some money from her. It is further alleged that Smt. Chand Kanwar managed herself to get release from the applicant and she bolted the door of the room wherein the applicant was lying on the coat, from outside. A number of villagers were then called and the doors were opened. The applicant is alleged to have then extended a threatening to Smt. Chand Kanwar that he would subject her to sexual intercourse in future. On such allegations Crime No. 31/99 Under section 323, 376/511, 452 and 506 Penal Code stands registered against the applicant at P/s. Jobner. It was submitted that the applicant and the father-in-law of Smt. Chand Kanwar were residents of the same village, that some amount was due to the applicant from the father-in-law of Smt. Chand Kanwar that on the alleged day of the incident the applicant had gone to serve the warrants on Bheru Singh, SI and Rajpal Singh, SC, who were summoned by the court as prosecution witnesses in the case of Emfort Agro Finance Ltd., Jaipur, that the father-in-law of Smt. Chand Kanwar had cooked up the present case against the applicant.

(3.) I have looked into the case diary, particularly the statement of Bal Singh, father-in-law of Smt. Chand Kanwar, who appears to have stated that the applicant was not restrained or confined in the room. I have also looked into the G.D. Report No. 1224 which pertains to the departure of the applicant from P/s. Ashok Nagar, Jaipur, on 17.2.99 and the arrival Report No. 796 dated 22.2.99 from the G.D. Police Station Malakheda, Alwar.