JUDGMENT

MOHAN, J. :- The appellant along with one Dr. Ramesh Kumar was sentenced to 3 1/2 years rigorous imprisonment with fine of Rs. 1,000/- each under sections 376/511 of the Indian Penal Code and in default of payment of fine the defaulter was to undergo rigorous imprisonment for a period of three months. The conviction and sentence imposed by the learned Sessions Judge of Narnaul was unsuccessfully appealed against before the High Court in Criminal Appeal No. 464 SB of 1988. The present appeal is directed against the said conviction and sentence by Nathu Ram, accused 2 (appellant herein). The prosecution case is as follows:

On 11th January, 1986 Mansa Ram (P.W. 8) made an application to the Chief Minister of Haryana to the effect that his son Satyawan is serving in the Army and his wife Nirmala (daughter-in-law) is living in the village with him. She was suffering from malaria. Therefore, he took her on 20th October, 1985 for treatment to a private medical practitioner, namely, Dr. Ramesh Kumar (Accused 1) who had his clinic at Satnali in the market. He and Nirmala reached the clinic at about 1 p.m. and contacted the doctor who assured them of curing her. He gave Nirmala two tablets with a glass of water and asked her to lie down on the cot behind a curtain. Dr. Ramesh called Nathu Ram, Secretary of the Market Committee, Accused 2 (the appellant herein) whom he called his guru. Dr. Ramesh then asked Mansa Ram (P.W. 8) to bring hot water from outside. When he returned with hot water and entered the clinic he found that they had attempted to rape Nirmala. On seeing him, the appellant, Nathu Ram ran away. Dr. Ramesh was caught and given a beating by him. Some other people intervened and got Dr. Ramesh freed. He thereafter went to Ganga Ram, Havaldar of Police Station, Satnali who said that he would himself arrest him but he did not take any action. He requested the Chief Minister to get the investigation of the case done.

2. The above complaint was marked through the Deputy Commissioner, Narnaul to the Senior Superintendent of Police, Narnaul for enquiry. On enquiry, he filed the report that the allegations in the complaint were false. Not being satisfied with the report of the police, the Deputy Commissioner of Narnaul marked the complaint on 11-9-86 for a fresh enquiry to the S.D.M. Mahendragarh. He conducted the enquiry at Satnali. He made his report on 4-2-87 recommending for registration of the case against the doctor and the appellant. This was marked to the S.P.O. Narnaul for registration of the case. Accordingly F.I.R. No. 31 dated 18-5-87 in P.S. Satnali was registered under sections 354 and 376 read with S. 511 of the Indian Penal Code. After investigation the appellant and Dr. Ramesh were sent for trial.

3. Before the learned Sessions Judge Mansa Ram appeared as the main prosecution witness (P.W. 8). He deposed that Nirmala (P.W. 4) is the wife of his son who is employed in the Army. She was suffering from malaria fever on 20-10-85. He took her to the clinic of Dr. Ramesh (Accused 1). It was about 1 oclock in the day. Dr. Ramesh told that he will cure her and gave two tablets to Nirmala (P.W. 4) with a glass of water which she took. Dr. Ramesh called his guru Nathu Ram, Accused 2 (appellant herein), who is the Secretary of the Market Committee. Nirmala was asked to lie down on a cot behind the curtain in the clinic. Dr. Ramesh then asked Mansa Ram (P.W. 8) to get hot water from outside. When he entered the clinic with hot water he saw Dr. Ramesh totally naked and Nathu Ram, the appellant, in his nikar and jersey. They were standing there and Nirmala was on a cot. She was unconscious and her salwar had been folded to the extent of half. Mansa Ram (P.W. 8) raised an alarm. The appellant ran away. Banwari (P.W. 6) and Mool Chand (P.W. 5) came inside the clinic. Mansa Ram (P.W. 8) gave slaps to Dr. Ramesh. Several other people assembled there. He put the salwar of Nirmala (P.W. 4) in order and covered her and took her ba