RAJESHWAR SINGH, J. The Sessions Court convicted accused Maharaj Bux Singh under Section 376 read with Section 511, I. P. C. for attempt to commit rape and sentenced him to undergo rigorous imprisonment for four years. He had filed this appeal. 2. There is a village Deori Gaja, wherein there are a few houses of Harijans and the majority of the population is that of Thakurs, who are said to be dominating community and also well off financially, the allegations are, that these Thakurs take begar from Harijans and on their declining to do it or on demanding wages, Harijans are tortured, their women folk are dis honoured and heinous offences are committed. The two victims in this case are Smt. Chhidans P. W. 1 and Smt. Ram Dulari P. W. 2. They are wives of two real brother. On 3-12-1977 they had gone to fields to take fodder. They cut fodder, made a bundle of it and put it on their heads. They started for the village. At that time accused Maharaj Bux Singh and his four other companions came at the spot. Accused Maharaj Bux Singh was armed with a gun. His companion Kalika had lathi and three other companions had pistols. Accused Maharaj Bux Singh and Kalika came forward and asked the two women Smt. Chhidana P. W. 1 and Smt. Ram Dulari P. W. 2 to stop. They threw away the bundles that were on the head of the victims. Accused Mararaj Bux Singh pointed his gun towards the victims, who were deprived of their silver ornaments. Accused Maharaj Bux Singh gave a threat that if the women would raise alaram, they would be shot dead. Then Kailash dragged victim Smt. Chhidana P. W. 1 and accused Maharaj Bux Singh dragged victim Smt. Ram Dulari P. W. 2 behind patawar plants. They tore away the clothes of the women and attempted to rape them. The victim Ram Dulari P. W. 2 bad a hansicf in her clothes, which could not be seen by accused Maharaj Bux Singh. She took out hansia1 and struck accused Maharaj Bux Singh. It caused injury to the penis of Maharaj Bux Singh. Maharaj Bux Singh cried. Then women were able to free themselves and they tried to escape. These women were chased. Their way towards their house was blocked. She took out hansia1 and struck accused Maharaj Bux Singh. It caused injury to the penis of Maharaj Bux Singh. Maharaj Bux Singh cried. Then women were able to free themselves and they tried to escape. These women were chased. Their way towards their house was blocked. Then they entered a field and kept on concealing themselves throughout the night. The assailants kept on hurling filthy abuses and giving threats. In the early hours of the morning victim Smt. Ram Dulari P. W. 2 was able to escape and went to another village at her fathers place. Threats were given to the husbands of these victims. Smt. Chhidana went to another village from the field directly. Then she also reached the place of Smt. Ram Dularis father. Thereafter somehow with some assistance, they were able to reach the Court. They addressed an application to the Deputy Inspector-General of Police (Harijan Cell ). On its basis, one first information report was recorded on 13-12-1977 at 4. 35 p. m. The distance of the police station from the place of occurrence is only 5 miles. 3. It is also in evidence that on 3-12-1977 at 9. 45 p. m. , brother of accused Maharaj Bux Singh lodged a first information report. It was said therein that at 7. 30 p. m. he and Maharaj Bux Singh were going to there home. Maharaj Bux Singh started urinating at a place and his brother went ahead. The Maharaj Bux Singh cried and his brother came back. One person was found running but he could not be recognised due to darkness and there was injury on the abdomen of Maharaj Bux Singh. 4. On the basis of the report lodged by the victims, investigation started and one important point is that Maharaj Bux Singh was found admitted in Balrampur Hospital, Lucknow, wheretrom he was arrested. After investiga tion, charge-sheet was submitted against accused Maharaj Bux Singh and his four companions. His four companions were acquitted by the Sessions Court, but Maharaj Bux Singh was convicted for attempt to commit rape on Smt. Ram Dulari and he was sentenced, as given earlier. This is his appeal. 5. After investiga tion, charge-sheet was submitted against accused Maharaj Bux Singh and his four companions. His four companions were acquitted by the Sessions Court, but Maharaj Bux Singh was convicted for attempt to commit rape on Smt. Ram Dulari and he was sentenced, as given earlier. This is his appeal. 5. No medical examination of the victims appers to have taken place as the report could be lodged with sufficient delay and its explanation is that due to their way being blocked, these two women could not go their house and they went to the village of brother of the victim Smt. Ram Dulari P. W. 2. Out of fear they could not go to the police station. When their husbands were able to contact them, they lodged the report. By then 10 days had passed and medical examinations could not have been of much use. In Balrampur Hospital, Lucknow, Maharaj Bux Singh was medically examined on 4-12-1977, who was brought by a constable. The following injuries was found on his person : (1) 8 cm X 2 cm, sharp edged incised wound, skin deep extending from root of the penis upto the left scrotum. (2) 1 cm X 1. 5 cm abrasion, left knee joint. All injuries were simple and fresh in nature. Injury No. 1 was caused by sharp object. 6. Since then the victim Ram Dulari P. W. 2 has left the village and shifted to another village Kansmandi and her case is that she had to leave the village out of fear of the accused persons. 7. The accused pleaded not guilty and his defence was that he had enmity with one Bhagwati Maharaj of the village, with whom some family members of the victim worked and so he has been got implicated out of enmity. 8. To prove their case, prosecution as well as defence produced oral evidence. 9. Smt. Chhidana P. W. 1 and Smt. Ram Dulari P. W. 2 are the women, who were victims of assault. 10. Ram Autor P. W. 3 is brother of victim Smt. Ram Dulari P. W. 2, to whose house these victims went and stayed there. 11. Har Charan P. W. 4 is the husband of victim Smt. Chhidana P. W. 1. He has stated about high- handedness of the Thakurs. 10. Ram Autor P. W. 3 is brother of victim Smt. Ram Dulari P. W. 2, to whose house these victims went and stayed there. 11. Har Charan P. W. 4 is the husband of victim Smt. Chhidana P. W. 1. He has stated about high- handedness of the Thakurs. He also gave out that he was beaten to find out as to where these victims had gone and out of fear they have left the village. 12. Then there are formal witnesses, the Investigating Officer Yogendra Singh P. W. 6, Sub-Inspector Ram Babu P. W. 8 and Head Constable Kalyan Singh P. W. 7, who is scribe of the F. I. R. and General Diary. One other witness Ram Baran P. W. 5 was produced to give eye-witness account but he turned hostile and did not support the prosecution case. 13. The defence examined Kamta Prasad, Pradhan D. W. 1 to say that there is enmity between the accused and Bhagwati Maharaj ; the husbands of the victims are servants of Bhagwati Maharaj and no occurrence took place as alleged by the prosecution. 14. The Sessions Court rightly examined Dr. Man Singh as C. W. 1, who had examined the injuries of the accused in Balrampur Hospital. 15. First, 1 wish to consider whether any occurrence took place in which Smt. Ram Dulari and accused Maharaj Bux Singh were involved. On this point, we have the statement of two women Smt. Ram Dulari, victim P. W. 2, and Smt. Chhidana P. W. 1, who was with her. There is statement of the husband of Smt. Chhidana, Har Charan P. W. 4, who says that these two women did not return home on that night and some of the persons of the group of accused came and wanted to know the whereabouts of the women from the witnesses. There is the statement of Ram Autar P. W. 3, the brother of the victim. He says that the victim reached his house. Then there is statement of the Sub-Inspector, who says that accused Maharaj Bux Singh was arrested from Balrampur Hospital. There is the statement of the doctor, who examined injuries of the accused, saying that accused Maharaj Bux Singh was brought by a constable for medical examination and he had injuries on his private parts, as mentioned earlier. Then there is statement of the Sub-Inspector, who says that accused Maharaj Bux Singh was arrested from Balrampur Hospital. There is the statement of the doctor, who examined injuries of the accused, saying that accused Maharaj Bux Singh was brought by a constable for medical examination and he had injuries on his private parts, as mentioned earlier. This supports the version given by the victim Smt. Ram Dulari P. W. 2. We have also the F. I. R. lodged by the brother of accused Maharaj Bux Singh, wherein it was said that accused Maharaj Bux Singh received injuries on the same day. It was said in the report that, injury was on abdomen ; but from the side of the defence there is nothing to show by way f medical examination or otherwise that there was injury on abdomen. 16. It has been argued on behalf of accused-Maharaj Bux Singh that he never received any injury and he is not responsible for the report lodged by his brother. This does not appear correct, when the accused- appellant was arrested from the hospital and doctor says that he had injury. The fact that part of the documents were torn and address of the accused or his identification marks could not be read, will not help, when his arrest from the hospital is proved. 17. The delay in lodging the F. I. R. has been explained. The circum stances were such that the women had to go away to another place and they could not reach home, they were poor, illiterate Harijan women and these people were so afraid that they left the village. Under the circumstances, delay in lodging the report is not material. The only thing is that the evidence has to be considered more critically and if any doubt arises, its benefit has to go to the accused. The learned trial court did it, when it acquitted other accused. This was by way of abundant caution and acquittal of other accused cannot throw doubt on the part played by Maharaj Bux Singh, when evidence against him gets support from absolutely realiable evidence of Doctor regarding injury on his private parts and his arrest from the hospital. 18. Discrepancies regarding as to how these two women reached the house of brother of victim Smt. Ram Dulari, were pressed. 18. Discrepancies regarding as to how these two women reached the house of brother of victim Smt. Ram Dulari, were pressed. But, in view of the aforesaid clinching evidence these discrepancies do not appear to be such which may throw doubt on the substance of the prosecution story that Maharaj Bux Singh and the victim Smt. Ram Dulari were involved in the occurrence. 19. The accused examined one Pradhan saying that no incident took place. In view of the aforesaid evidence, the statement of Pradhan does not appear reliable and he cannot be present at every place or at every time and he cannot say that no incident took place in the village on that date. 20. I am, therefore, of the view that the Sessions Court was perfectly right when it found that an incident took place on that day in which Smt. Ram Dulari and accused-Maharaj Bux Singh involved. 21. Now the next point to be seen is as to what was actually that incident and that was the part played by accused Maharaj Bux Singh. 22. It was said in the first information report that as soon as, on the private parts of Smt. Ram Dulari the accused wanted to place his male organ, Smt. Ram Dulari struck with hansia. Then there are statements of Smt. Ram Dulari P. W. 2 and Smt. Chhidana P. W. 1 regarding the incident. Since Smt. Chhidana P. W. 1 was herself being attacked by another accused, she might have not been able to see fully and accutately as to what happened with Smt. Ram Dulari P. W. 2. So, for finding out as to what happened with Smt. Ram Dulari, we have mainly to look to her statement. 23. In her examination-in-chief Smt. Ram Dulari says that the accused tore her dhoti and united his dhoti and advanced towards her to commit ill-deed. Then he hurled some abuses at her and said, hold this". It seems to mean that the accused asked her to hold his male organ, then she struck with hansia. The accused then fell down and she started running to save herself. In this statement there is nothing to show that the accused tried to penetrate his male organ into the private parts of the woman. 24. It seems to mean that the accused asked her to hold his male organ, then she struck with hansia. The accused then fell down and she started running to save herself. In this statement there is nothing to show that the accused tried to penetrate his male organ into the private parts of the woman. 24. Still strangely enough, the learned counsel for the accused tried to clarify the matter further in cross- examination and those statement which have come in cross-examination are also evidence and have to be taken into consideration. Firstly, the woman said that the accused threw her on the ground and tore her dhoti, but she got up and accused again tried to throw her down by holding her hands. After a few lines she says that the accused caught hold of her both hands and he has been trying to thrown her down, but she did not fall down and he could not come over her, and in this scuffle she gave the hansia blow. 25. The matter is again perused by the learned counsel for the accused. After a few lines the woman replied that the accused tried to put his male organ on her private parts, but he could not do it. 26. Then her attention was iuvited to the statement recorded under Section 161, Cr. P. C. and she said that she told the Sub-Inspector of Police correctly that the accused uncovered his male organ and placed it on her private parts. According to her it was by mistake that she said earlier that the accused could not do it. Then she continues that accused Maharaj Bux Singh while standing embra ced her and placed his male organ on her private parts, but she freed herself and went away. 27. So, the substance of the all these statements at the most is, that the accused placed his male organ on the private parts of the woman ; but it has nowhere been said that the accused pressed his male organ against the private parts of the woman or tried to penetrate his male organ in the private parts of the woman. Thus it has not been bought on record that there was any attempt to penetrate and all that was done, was to put the male organ against the private parts of the woman. Thus it has not been bought on record that there was any attempt to penetrate and all that was done, was to put the male organ against the private parts of the woman. When no attempt to effect penetration has been brought into evidence, this should not be taken to be an attempt to commit rape and it should be merely use of criminal force to the woman intending to outrage her modesty. Therefore the offence would fall within section 354 of the I. P. C. So the conviction should be altered to Section 354,i. P. C. and the accused should be acquitted of the offence under Section 376 read with Section 511, I. P. C. 28. Then the question arises as to what should be punishment. Section 354, I. P. C. provides maximum punishment of two years. Here the use of criminal force to the woman, has been in a must shameless manner taking advantage of the helplessness and provery of the woman. The act done in such that it is just falls short of rape and may be that it has fallen short because of the resistance of the woman and failure of the prosecution to put proper questions to the woman. It is on account of the benefit of doubt that the offence of attempt to commit rape has not been made out and rather it is taken to fall within the definition of Section 354, I. P. C. Hence the maximum sentence of two years should be awarded in this case. 29. However, the woman is going to gain nothing by awarded sentence to this man. On account of this incident she has been uprooted from her home and she alongwith her family had to shift to another place. There is power to award compensation under Section 357, Cr. P. C. and Probation of First Offenders Act. If instead of sentencing the man, who is not a professional offen ders, is released on executing a bond of good conduct, it is more likely that he would improve himself and there will be same short of binding not to repeat such offence against her. The power to award compensation, was intended to do something to reassure the victim that she is not forgotten in the criminal justice system. It is a measure of responding appropriately to crime as well as reconciling the victim with the offender. The power to award compensation, was intended to do something to reassure the victim that she is not forgotten in the criminal justice system. It is a measure of responding appropriately to crime as well as reconciling the victim with the offender. It is, to some extent, a constructive approach to crimes, a step forward in our criminal justice system. The Supreme Court has also recommended exercise of this power liberally so as to meet the ends of justice in a better way, bari Singh v. Sukhbir Singh and others, (1988) 4 Supreme Court Cases 551. Any such measure which would give the victim succour is far better than a sentence by deference. However, the view of the Supreme Court in the above case was that the payment by way of compensa tion must be reasonable and not merely an eye wash. What is reasonables, may depend upon the facts and circumstances of each case. The quantum of compensation may be determined by taking into account the nature of the crime, the justness of the claim by the victim and the ability of the accused topay. The payment may also vary depending upon the acts of the accused. Reasonable period for payment on obted sation may also be given. The Supreme Court proceeded to say that the Court may enforce the order by imposing sentence in default. Therefore, now the position is not that the victim would be left at the mercy of the accused for getting compensation or the accused would be able to delay the matter. If he does it and does not make payment within specified period, he can be orderd to undergo a sentence of imprisonment in default. 30. We have seen above that the offence was committed in a high-handed manner, there being not a slightest justification for it, the victim has been uproo ted from her house and she suffered when she had concealed herself in a field throughout the night and she remained away from her family and small children for days together. It is in evidence that the accussed has morej than 100 bighas of land and he has a tubewell. The learned counsel for the accused has also said that it is correct that his client has 100 bighas of land he also expressed willingness of his client to pay the compensation, 31. It is in evidence that the accussed has morej than 100 bighas of land and he has a tubewell. The learned counsel for the accused has also said that it is correct that his client has 100 bighas of land he also expressed willingness of his client to pay the compensation, 31. Taking all these circumstances, it appears to me that a campensation of Rs. 5,000 will be a just amount but its payment must be ensured. Therefore, I am of the view that it will be expedient and in the interest of justice to release the accused on probation of good conduct and to award Rs. 5,000 to the victim as compensation to be paid within a period of three months, failing which the accused may be directed to undergo rigorous imprisonment for two years. It may be added that no previous conviction has been proved against the accused. 32. The appeal is partly allowed. The conviction of the appellant under Section 376 read with Section 511, I. P. C. and sentence of fourt years rigorous imprisonment passed under that section are set aside. Instead, he is convicted under Section 354, I. P. C. But instead of sentencing him atonce to any punish ment I direct that he shall be relased on his entering into a bond with two sureties to appear and receive sentence when called upon during the period of three years and in the meantime to keep peace and be of good behaviours. The trial court shall accpt the bound only on being satisfied that the appellant or his sureties have a fixed place of abode or a regular occupation within its jurisdiction. 33. The appellant shall further pay to Smt. Ram Dulari P. W. 2, wife of Rewati, resident of Kasmandi, P. S. Malihabad, District Lucknow Rs. 5,000 as compensation, within a period of 3 months from today. The mode of payment shall be that the appellant shall get a demand draft of Rs. 5. 000 prepared payable at gome scheduled bank situated at Kasmandi or Malihabad, if there is any Bank or payable in the city of Lucknow and hand it over to the trial court within a period of 3 months. The trial court shall summon Smt. Ram Dulari and hand over the draft of her after due identification and explaining, that it is compensa tion and how the draft can be encashed. The trial court shall summon Smt. Ram Dulari and hand over the draft of her after due identification and explaining, that it is compensa tion and how the draft can be encashed. If by that time Smt Ram Dulari is dead, the amount will go her heirs. 34. Time for executing the bond by the appellant shall be 3 months from today and it shall be accepted after handing over the draft as pointed out earlier, in the trial court. 35. If conversation is not paid within 3 months the appellant shall be called upon to serve out the sentence that is rigorous imprisonment for two years, but that will not wipe our order for compensation. If compensation is paid as directed, the appellant will execute the bonds as directed above and will abide by the terms and conditions thereof. Appeal partly allowed. .