- (1.) THIS criminal appeal has been filed against the judgment and order dated 19-09-2002 passed by the then Special Judge, Uttarkashi in ST. No. 1/1999, whereby the appellant was convicted and sentenced to undergo imprisonment of three months and two months under sec tions 323 IPC and 506 IPC respectively. The sentences were suspended and the appellant was given the benefit of 1st Of fenders Act. He was released on his fur nishing a personal bond of Rs. 5000/- and two sureties in the like amount by the appellant for maintaining peace and good behaviour for a period of sentence as men tioned above. In default, he was directed to appear before the court to receive the sentence passed against him.
(2.) THE facts, in nutshell, are that on 21-01-1998 at about 6 p. m. Smt. Sona Devi PW2 was taking water from the pub lic tap situated in village Astal. Her four years daughter was also with her. THE ap pellant Devi Prasad came from behind and caught hold of Smt. Sona Devi PW2 with bad intention. THE appellant grappled her due to which she fell on the ground. THE appellant then with an intention to commit forcible sexual intercourse put off her clothes. THE appellant also caused in juries on her person. During the incident, her ornaments i. e. nose top and earrings were missing. THE appellant said to her that "doomri Aaj Dekhta Hu Tujhe Kaun Bachata Hal". Her daughter aged about 4 years and the son of Barfi lal who were also accompanying her went to call for her brother and father respectively. When Vijay Pal PW1, the brother of Sona Devi PW2 reached at the spot the appellant fled away from the place of incident. Vijay Pal PW1 approached the S. D. M. , Dunda, who sug gested him to lodge the report and to medi cally examine the injured in the hospital. THEreafter, the injured was medically ex amined by the doctor and she returned to her house. When the appellant came to know that the injured has come to her house he alongwith other persons came to her house, hurled abuses and threatened her with dire consequences. On the next day i. e. 22-01-1998, a written report was lodged by Vijay Pal PW1 before the Naib Tehsildar, Dunda against the appellant and other persons i. e. Yogendra, Ram Kumar, Smt. Kaushalya, Smt. Munni Devi, Devendra, Smt. Nanda Devi, Km. Maya and Ram Vilaas under sections 323, 504 & 506 IPC. In the meantime, Smt. Sona Devi PW2 was admitted in the civil hospi tal, Uttarkashi from 25-01-1998 to 29-01-1998. When she was discharged from the hospital she moved an application Ex. Ka. 1 before the District Magistrate, Uttarkashi narrating certain other facts and making allegations against the Patwari that he has not properly recorded her report. THEreaf ter, the case was converted and sections 147 & 354 IPC were also added. THE in vestigation of the case was transferred to the Circle Officer of the regular police. THE Circle Officer submitted the chargesheet against the appellant before the court. After submission of chargesheet, the trial court framed the charge against the appellant. The appellant denied the charge levelled against him and claimed his trial. The prosecution in support of its case examined seven witnesses. Vijay Pal PW 1 (brother of injured), Smt. Sona Devi PW2- injured and Geeta lal PW3 are said to be the eye witnesses during the investi gation, out of these witnesses, Vijay Pal PW1 and Geeta lal PW3 were declared hostile by the prosecution as they did not support the prosecution version. Virendra Singh Rawat PW4 is the Patwari posted at Hitanu where the first information re port was lodged and he initially conducted the investigation of the case. Brij Mohan Bhatt PW5, Circle Officer took over the investigation from Virendra Singh Rawat PW4. Brij Mohan Bhatt PW5 completed the investigation and submitted the chargesheet against the appellant. Dr. H. S. Airi PW6 is the Medical Officer, who medi cally examined Smt. Sona Devi- injured on 21 -01-1998 at 8 pm in the RH. C. Dunda. B. S. Panwar PW7, Chief Pharma cist, District Hospital, Uttarkashi was pro duced by the prosecution in order to sup port the fact that the injured remained ad mitted in the hospital as patient w. e. f. 25-01-1998 to 29-01 -1998 and he also proved the bed-head-ticket of the injured.
(3.) THE appellant was examined u/s 313 Cr. PC. and he has pleaded not guilty to the offence. He has stated that he has been falsely implicated in this case due to the enmity with the complainant. He fur ther stated that the witnesses were inimi cal with him. The appellant has not adduced any documentary or oral evidence in sup port of his defence.;