- (1.) This appeal has been filed by the two accused persons Mool Singh and Surendra Singh, who both have been found guilty for an offence punishable under Sec. 354 of the IPC by the learned Sessions Judge, Merta vide judgment dated 24-2-1987.
(2.) On 11-9-1985, at 11.30 AM PW 3 Smt. Chuki Devi wife of Hanuman Bux, r/o village Budsu went to the police station Makarana and produced a type written report Ex. P/3 on the basis of which, a case under Sec. 376/511 of the I. P. C. was registered. According to the report, the incident occurred on the previous day on 10-9-1985. The prosecutrix Ku. Kanchan was allegedly grazing the cows in her agricultural field when a bus, in which, the appellants were travelling, stopped near the said field and the two appellants alighted from the bus. The accused Mool Singh went in the standing crop of "Bajra" whereas the accused Surendra Singh lifted the prosecutrix and took her to the Bajra field where Mool Singh was waiting and both the appellants allegedly attempted to criminally assault the prosecutrix. The prosecutrix raised hue and cry, on account of which, the mother of Bhanwar Singh and the mother of Jagdish came and seeing them, the two appellants took to their heels. The two elderly ladies orally reprimanded the culprits and thereafter the two ladies escorted the prosecutrix to her house and the incident was narrated to the mother of the prosecutrix PW 3 Smt. Chuki Devi. PW 3 Smt. Chuki Devi approached the respectable persons of the village who advised her to lodge an FIR'and hence the report. After investigation, a challan was filed and the appellants were put to trial in the said Court. Both pleaded not guilty to the charge under Sec. 376/511 of the IPC. The prosecution examined six witnesses in support of its story. DW 1 Parsa Ram and DW 2 Jaswant Singh were examined in defence. They stated that no such incident of attempted rape took place. According to these witnesses, the cows belonging to the complainant entered the field of Mool Singh and damaged the standing crops and Mool Singh attempted to take the cows to the 'Cattle-pound' and there was exchange of hot words between the parties. The learned trial Court then heard the arguments and delivered the judgment on 24-2- 1987. Rigorous imprisonment for one year and a fine of Rs. 500/- has been awarded to both the appellants. On account of non-payment of fine, additional R. I. for three months has been ordered in respect of each accused. The amount of fine, if deposited has been ordered to be paid to the prosecutrix.
(3.) I have heard the learned counsel for the appellants as well as the learned Public Prosecutor for the State and have gone through the record of the trial Court. I find that the conclusions drawn by the learned trial Court against the two appellants are unsustainable and the appeal deserves to be allowed.;