- (1.) Heard the learned counsel for the appellant and the learned Public Prosecutor.
(2.) This appeal is directed against the judgment dated 27th February, 1981 passed by the learned District and Sessions Judge, Sri Ganganagar in Sessions Case No. 19/80, State v. Rajendra. By the aforesaid judgment, the accused appellant was convicted under Section 450 and 354 I.P.C. and he was sentenced to rigorous imprisonment for one year and a fine of Rs. 500/- and further rigorous imprisonment for three months for default in payment of fine for the offence under Section 450 I.P.C. and rigorous imprisonment for six months and a fine of Rs. 2000/- and further rigorous imprisonment for one month for default in payment of fine for the offence under Section 354 I.P.C.
(3.) The facts of the case may be briefly summarised as below :- On 5th October, 1979 at 9 a.m. Balram gave oral first information report at Police Station, Chunawat. The information give by Balram was recorded on Ex. P/1. According to First Information Report Ex. P/1, in the evening of 4th October, 1979, Balram was playing Kabaddi at a distance of one and a half Bigha from his house. His wife was present at the house. At about 9 p.m. Hari Ram, went to Balram and told him that Rajendra was trying to outrage the modesty of his wife at his house. On receiving this information from Hari Ram, Balram immediately proceeded towards his house. When he was at a distance of 5-6 paces of house, he saw Rajendra coming out of his house. At that time several persons had collected near the house of the complainant. Balram's wife told Balram that she was sleeping on a cot in the courtyard of the house and at that time Rajendra Bishnoi entered the house and after entering into the house Rajendra caught her arm and asked her to go inside the Kotha and told her that he would do the evil act with her. Balram's wife further told Balram that she raised an alarm and on hearing the alarm, ladies from the neighbourhood reached the spot. Meanwhile, accused had forcibly taken her to the "Baarna" but she liberated herself and when several males and females reached the spot, the accused ran away. In the First Information Report it was further stated that the shirt, which Balram's wife was putting on at the time of incident was torn. On the basis of the First Information Report given by Balbeer, the police registered a case under Section 450 of the Indian Penal Code and commenced investigation. After conducting investigation, the police submitted a charg-sheet in the Court of learned Additional Munsif and Judicial Magistrate, Sri Ganganagar, who committed the case to the Court of learned District and Sessions Judge, Sri Ganganagar.;