Ashutosh Mohunta, J. - (1.) Bishan Singh appellant has been convicted under Section 354 Indian Penal Code, vide judgment dated 16/9/1994 and sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rs. 200.00, in default to undergo further rigorous imprisonment for one month, vide order dated 17/9/1994 passed by the Additional Sessions Judge, Faridabad. He has filed this appeal in order to challenge his conviction and sentence under Section 354, Indian Penal Code.
(2.) The appellant is alleged to have caught hold of Smt. Jagan Devi wife of Kanchan and dragged her inside the sugarcane field in the morning hours of 3/8/1992 when she was in the process of answering the call of nature in the fields near the village Abadi. He allegedly made her lie on the ground and put off her Dhoti and Peticot and made an attempt to commit sexual intercourse. Smt. Jagan Devi raised alarm, on hearing of which her husband Kanchan and Bai Chand P.W. rushed to the spot. On seeing them, the accused ran away. Thereafter she accompanied her husband to make a report to the Police. However, the Police met them at the Bus Stop village Patli. Her statement (Ex.PA) was recorded, on the basis of which formal F.I.R. (Ex.PA/1) was recorded at Police Station City, Palwal. The prosecutrix was medically examined at Civil Hospital, Palwal, on 3.8.1992 at 1.40 P.M. by Dr. Krishan Kumar (P.W.3), who found the following injuries on her person: "1. She complained of pain on both upper arms. There was no mark of injury. Movement of arms was normal and were not painful. 2. She complained of pain in chest on both sides. No evidence of injury over the chest and breast. 3.She complained of pain in abdomen. There was no mark of injury seen. She also complained of 8 months amenor- rhoe. The patient was referred to L.M.O. for gynae check up. 4. There was a contusion on right calf region. Reddish blue in colour." Nature of injury was simple in nature and was caused by blunt weapon. Probable duration was 24 hours. In the cross-examination, the doctor said that in fact injuries Nos. 1,2 and 3 were no injuries and subjectively he could not have ascertained any duration. The doctor also could not rule out the possibility whether there was any pain at all or not. With regard to injury No. 4, the doctor said that this injury might have been of very small dimension but in any case it was superficial in nature.
(3.) On the same very day Lady Medical Officer Dr. Poonam examined the prosecutrix and she gave her opinion as under : "History of amenorrhoe 7 months 23 days. There was history of blow on the abdomen but no history of spotting or bleeding per vagina. Per abdominal examination fetal heart sound. Pulse regular 138 per minute. Uterus size 30-32 weeks." In her cross-examination Dr. (Mrs.) Poonam stated that there was no abnormality and the prosecutrix was all right.;