Judgment

CHANDRACHUD, J. :- The appellant was convicted by the learned Judicial Magistrate, First Class Gurgoan, under Ss. 354 and 506, IPC and was sentenced to suffer rigorous imprisonment for one year under the former charge and to a concurrent sentence of six months under the latter. In appeal, the learned Sessions Judge, Gurgaon, set aside the conviction under S. 506, but upheld the one under S. 354. He, however reduced the sentence from one years rigorous imprisonment to one months rigorous imprisonment and imposed a fine of Rs. 200/- and in default further rigorous imprisonment for one month. The appellant filed a revision application in the High Court of Punjab & Haryana, which was dismissed summarily by the High Court on May 18, 1976. Being aggrieved thereby, the appellant has filed this appeal by special leave.

2. Mr. Marwah, who appears on behalf of the appellant, has criticized the evidence led by the prosecution on various grounds. The complainant, Nirmala, stated in her evidence that she was on way to her field for collecting jowar, but it is said that there was no jowar crop on the land at the relevant time. Learned counsel further argues that Nirmala had no injury on h