Madan Singh vs State of Uttar Pradesh

V.P. Mathur, J.—This revision has come up for final hearing, as a result of the grant of expedite-application by the Hon''ble the Chief Justice, vide, order dated 22-4-1987. It came up for hearing continuously on seven dates prior to today and on all those dates, it had to be adjourned at the request of Mr. H.N. Sharma, learned Counsel for the revisionist through whom the revision was filed. Today when the case was taken up, Mr. H.N. Sharma is again absent and no request for adjournment has also been made. I have therefore proceeded to dispose of the revision after being assisted by the learned Counsel for the (State and after going through whatever documents are on the record.

It appears that one Km. Pushpa Bisht who was examined as PW 2 in this case, was travelling on the Almora-Masi passenger bus on 11-9-1982 and was proceeding for Chaukhutia. This bus reached Owarahat-Kalikholi at about 7.30 P.M. A new road was being constructed at that spot and the passage was blocked, as a result of which the bus could not move ahead. A little while after this passenger bus had reached that spot, another passenger bus from Delhi came and it also did not find its way for onward journey and therefore had to go back to Dwarahat. This was however not done by the conductor and driver of the Almora-Masi passenger bus in which Km. Pushpa Bisht was travelling. On the contrary, these two officials gave a false assurance to the passengers that they would take back the said passenger bus. They made an effort for about two minutes but did not succeed, and then they gave out that the Bus could not be backed. The driver then asked the passengers to bring wood from the Jungle in order that a light may be produced. All the passengers except three came down from the Bus and went away. Three persons were left. They were Ganga Ram PW 3 and one Ram Lal and Km. Pushpa Bisht who was only about 19 years of age and was an unmarried girl. Even Ganga Ram and Ramlal also left the Bus but soon heard a cry. Meanwhile what had happened was that the conductor of the Bus had come down from the Bus and caught bold of the hand of the girl and tried to molest her. But the girl came out of the Bus and jumped from the small hillock to save her honour. She received some injuries. She remained in the bnshes upto midnight and then went to a temple of village Pan where she passed the night. In the morning at about 5 A.M. she started for her house and it was on 13-9-1982 that she lodged a report of the occurrence because she had been dumb founded on account of the incident. She left a huge luggage in the Bus which was worth about Rs. 2000/-.

On the basis of the written first information report the Patwari Dwarahat prepared a check report at 6.30 A.M. on 13-9-1982 and investigated the case. Km. Pushpa Bisht was medically examined by Dr. Smt. Nirmala Pant PW 1 at the Women''s Hospital, Almora at 1-30 P.M. on 15-9-82 and her report is Ext. Ka-1. After investigation, a charge sheet was submitted on 2-10-1982 and then a case u/s 354 of the IPC was started against the Driver and the conductor namely Pooran Singh and Madhan Singh. The learned Magistrate acquitted Pooran Singh but con acted Madhan Singh on a charge u/s 354 of the IPC and sentenced him to rigorous imprisonment for a period of three months and a fine of Rs. 250/-. It was further provided that in default of the payment of fine he shall further undergo rigorous imprisonment for 15 days.

Then this revision was filed on behalf of Madhan Singh.

The most important witness in this case is the girl herself. There is no dispute as regards the fact that at the time of this occurrence she was only 19 years of age and was unmarried. There is also nothing on the record to show that she had any reason to falsely implicate the present applicant-revisionist on a false charge of such a grave nature. That she received some injuries is undoubted and is made out from the injury report Ext. Ka-1. She lodged a written report. It is true that this is delayed. But then, there is an explanation which is to the effect that after she had been so shabbily treated she became dumb founded and in order to save her honour, she had to run from the bus and had to take jump from a small hillock and had to pass the whole night partly inside the bush and partly in a nearby temple. This would naturally leave an unmarried girl of aged about 19 years completely dumb founded and confused and if she does not find it possible to lodge a prompt and immediate report, not much of consideration can be made of that fact. After all there is nothing to show that Km Pushpa Bisht had any reason to falsely implicate the present revisionist. She had received multiple abrasions on medial side of her right fore-arm. There is also a small bruise of 1 cm. x 1 cm. on the medial side of the fore-arm 2 cm. below the cupital possa. In the opinion of the doctor, these injuries could be 4 or 5 days old. This will take us back to the time of the occurrence. It is of no consequence to argue that if one jumps from a hillock into a Jhari, these very insignificant injuries would not be caused. The only result would depend upon the height of the hillock and the extension of the Jhari etc. These injuries could be caused if the hillock was not very high and if the girl had jumped into a Jhari which was sufficiently cushioned with leaves and twigs. There is support to the statement of Km. Pushpa Bisht from the statement of Ganga Ram PW 3 also. He says that he and other passengers were asked by the driver and the conductor of the Bus to go to the Jungle to bring wood for creating light and as soon as he had left the Bus and had gone to some distance, he and Ramlal who were together, heard the hue and cry coming from the Bus and when these witnesses rushed back to the passengers Bus they found Km. Pushpa Bisht absent from the Bus, although the driver and the conductor were present. He says that the next morning at about 9 A.M. Km. Pushpa Bisht came and when an enquiry was made from her then she told to him that, she had jumped down from the motor and had remained in a Jhari till mid night and then she went to a nearby temple of village Pan were she remained till 5 A.M. The statement of Ganga Ram PW 3 that after he had left the bus, he heard cries coming from the Bus and on arrival at the Bus found the girl missing although the driver and conductor were present, is part corroboration of the prosecution story as given by Km. Pushpa Bisht.

The learned Magistrate has considered the entire evidence that was adduced before him on record and has given a finding that the guilt of this accused Madhan Singh was satisfactorily proved beyond doubt. He therefore sentenced him to imprisonment and a fine and the learned Sessions Judge also in his assessment of the evidence came to the same conclusion on the basis of the evidence that was adduced. There is thus a concurrent finding of fact which this Court does not think it proper to disturb, sitting in revision. The conviction, therefore, his rightly been returned and calls for no interference by this Court. Even if we sit down to consider the question of sentence, I do not find it a fit case in which benefit of the provisions of the First Offenders Probation Act should be extended to the accused revisionist. He tried to take advantage of the loneliness of an unmarried girl, in the circumstances in which she was placed, and made her to go through a traumatic experience. He behaved in an abominable way and considering the facts and circumstances of the case, he is not to be extended, the benefit of the provisions of the Probation Act.

This being so, there is no force in this revision which hereby stands dismissed. Madhan Singh was granted bail by this Court vide order dated 13-7-1984 and the realisation of the fine was also stayed. This order shall stand withdrawn and vacated. Copy of this judgment shall go to the Magistrate concerned at a very early date. Madhan Singh shall surrender before the Magistrate and shall be taken into custody to serve out his sentence and if he does not deposit the amount of fine, the learned Magistrate shall also proceed for its realisation.