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1999 Supreme(P&H) 1446

M.L.SINGHAL
Ms. Kailash – Appellant
Versus
Hans Kumar – Respondent


Advocates Appeared:
For the Petitioner:Mr. C.B. Goel, Advocate.
For the Respondent:Mr. R.K. Aggarwal, Advocate.

JUDGMENT

M.L. Singhal, J. - Facts have been given in detail at the time of admission of this Criminal Revision. Those need not be repeated now. As laid in the F.I.R., case of Ms. Kailash (prosecutrix) is that on 13.8.96 at about 9 A.M. she was cutting grass with her uncle near the dol in her field. Someone snatched her chunni from behind. When she looked back, she saw that they were Krishan Kumar son of Shamsher Singh and Bobby son of Vijay Pal. She wielded darati towards Krishan. He remained unhurt. Bobby caught hold of her both hands from back side. Krishan Kumar tied the chunni on her mouth. She tried her best to rescue herself. Both of them threatened to kill her. They gave blows with their hands on the breast. She succeeded in freeing her hands and removed chunni from her mouth and cried for help. Her uncle Parkash came from the side of tubewell. Both of them ran away towards the village.

2. From these facts it is not made out that there was any outrage on her modesty by them. It they gave blows with their hands on her breast that would not satisfy their carnal pleasure. If they had fondled her breast that might have satisfied their carnal pleasure. At the trial, she stated tha


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