SAURAV @ GUDDU Vs. STATE OF HARYANA

JUDGEMENT

(1.) Having been convicted for the commission of offences under Sections 451, 376/511 of the Indian Penal Code (for short IPC), vide judgement of conviction dated 11.4.2011 and having been sentenced for a period of 1 year rigorous imprisonment under Section 451 IPC and for a period of 4 years rigorous imprisonment under Section 376 read with Section 511 IPC, vide order of sentence dated 13.4.2011 passed by the learned Sessions Judge, Faridabad, the appellant has come up to this court assailing the aforesaid judgement and order of sentence, by means of the present appeal.

(2.) Briefly put, relevant facts of the case are: Karambir S/o Dharam Pal (PW-5) submitted a complaint, Ex.'PC' before the S.H.O., Police Station Old Faridabad on 5.7.2010 to the effect that his uncle Ved Parkash with his family was residing on rent on the first floor of H.No.951/3, Bhud Colony, owned by Raghav Prasad. His uncle and aunt both had left for their duties. He went to the room at Bhud Colony to see his sister Nirmala (the real name has been changed), at about 10 O' Clock in the morning. When he was going upstairs, he heard the shrieks of Nirmala. He immediately ran towards the room and there he saw that Saurav @ Guddu s/o Raj Kishore Prasad had laid down his sister Nirmala on the bed in the room. Her salwar had been put off and was coming under her feet. Saurav had gagged the mouth of Nirmala with one hand. His pants was open and he was lying on his sister-Nirmala. He was forcibly attempting to commit rape. On seeing him, he (Saurav) suddenly stood up. Nirmala told him that seeing the door of the room open and finding her alone, he was forcibly attempting to commit rape upon her. Saurav @ Guddu, suddenly started running towards down stairs.

(3.) Based on the abovesaid application Ex.PC moved by Karambir PW-5, FIR Ex.'PC/1' was registered and particulars thereof were mentioned on the application Ex.'PC' by ASI Sohan Pal, Police Station Old Faridabad, by way of his endorsement Ex.'PC/2'.