- (1.) IS appeal is directed against an order of the learned Additional Sessions Judge, Sonepat. convicting the appellant under Sections 376/511 and 450. Penal Code, and sentencing him to 2 years rigorous imprisonment and a fine of Rs. 100/- under the first count and to 6 months rigorous imprisonment and a fine of Rs. 100/- under the second count with the direction that the substantive sentences so awarded to him shall run concurrently.
(2.) THE prosecution case against the appellant is as under: On 14th April. 1980. at about midday, Rameshwnr accused entered the house of Balbir, in his neighbourhood and caught hold of his wife Smt. Darshan and tried to open the string of her salwar to commit rape upon her. but she resisted. She picked up a kulhari, which was lying nearby and gave an injury on the upper limb of Rameshwar, The accused then made good his escape, Lakhi Ram saw the accused running away from the house of Balbir. Par-bhu. father-in-law of Smt. Darshan was apprised of this incident. The husband of the prosecutrix was stated to be out of station and he returned to the village after several days. A panehayat was convened and the father of the accused wanted time to produce his son and to apologize before the panehayat, but on his failure to do so. a case was registered at Police Station Gohama on the statement of Smt. Darshan, which is Exhibit P. C. Sub-Inspector Niranian Dev. P. W. 9. went to the spot and prepared its visual plan, Exhibit P. H. He also took into possession a pair of chappals and kulhari, produced by Smt. Darshan. The accused got himself admitted in Willington Hospital, New Delhi, on 14-4-1980. Sub-Inspector Sat Pal. P. W. 10, of Police Station Mandir Marg. New Delhi, sent his report. Exhibit P. K. to the Station House Officer, Police Station, Gohana regarding the admission of the accused in the said hospital. The accused was arrested on 22-4-1980. On the same day, he was got medically examined from Dr. R. A. Gupta. P. W. 1. who found the following injuries on his person: 1. There was POP splint which was applied on the left upper limb from mid arm to M. P. joints. Advised to obtain the details from concerned hospital as Stated by the patient where he was examined on 14-4-1980. 2. There was an abrasion on the left knee joint on front 1" x 1/2" crusted and irregular. The duration of injury No. 2 was stated to be between 3 to 7 days, having been caused by a blunt weapon. After necessary investigation, the accused was challaned and committed.
(3.) THE prosecution examined as many as 10 witnesses. The accused when examined under Section 313. Criminal P. C. denied the prosecution allegations and pleaded false complicity in the case. Kailash Chand Garg. Dr. K. K. Garg and Rati Ram were examined in defence.;