ASHWANI KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been filed by Ashwani Kumar to impugn his conviction for offences under Sections 376/511/342/354 IPC.

(2.) The petitioner was sentenced to suffer rigorous imprisonment for four years for an offence under Section 376 IPC for attempted rape in addition to a fine of Rs. 1000/-. In default of payment of fine, he was further required to undergo rigorous imprisonment for a period of two months. The appellant has also been directed to undergo rigorous imprisonment for one year for his conviction for offences under Sections 342 and 354 IPC each separately. All the sentences are directed to run concurrently.

(3.) The incident as alleged would reflect sheer depravity on the part of the appellant. He is alleged to have made an attempt to ravish a girl, aged just 11 years. The prosecution case, which emerges from the statement of this young girl child, reveals that she was a student of 7th class. On 18.2.1996 at about 1.00 P.M., she was alone present in her house, which is located in front of the house of the appellant. Her mother had gone to attend Satsang and her younger brother had gone out of the house. Appellant-Ashwani Kumar entered into the house, forcibly took the girl upstairs, bolted the room from inside and threatened her with dire consequence in case she raised alarm. The appellant undressed himself and forcibly undressed the girl. Thereafter, he laid her down and forced himself on her and thus sexually assaulted the girl. This the appellant did despite the girl imploring him to leave, but the appellant closed her mouth by thrusting cloth. The version of this young child would further show that the appellant had satisfied his lust in this manner and thereafter, had sped away from the scene. The girl has categorically made allegation of rape. She was seen weeping bitterly when her uncle Darshan Kumar reached the spot. This young girl narrated the whole incident to her uncle. The family for quite obvious reason and being under trauma did not report the matter for some days. The matter was finally reported leading to registration of offences under Sections 376/342/354 IPC.