KAMALPREET SINGH ALIAS JONY Vs. STATE

JUDGEMENT

(1.) The compendium of the facts & evidence, unfolded during the course of trial, culminating in the commencement, relevant for deciding the instant criminal appeal and emanating from the record, as claimed by the prosecution, is that on 26.2.1999, the prosecutrix (name withheld), aged about 6/7 years was playing with some children. Appellant-convict Kamalpreet Singh alias Jony son of Avtar Singh (for brevity "the appellant") took her to the roof of the house on the pretext of guiding him the passage leading to the roof. At about 6 p.m., as soon as, complainant Ranjit Singh son of Kapur Singh (PW10), father of prosecutrix (for short "the complainant") and his friend Satyapal Sharma (PW11) returned to their house from the duties, in the meantime, some children informed him (complainant) that his daughter had been taken to the roof by one Sikh boy. When PW10 and PW11 had reached the roof (place of occurrence), then the appellant having bolted the door of the roof, removed his trouser and the trouser (pants) of the prosecutrix. She was made to lie on the ground. He was trying to commit rape with her. He had gagged the mouth of the prosecutrix. They (PW10 and PW11) caught hold the appellant, red handed, informed and the police reached the spot. They handed over him to the police. The complainant made his statement (Ex.PG), which formed the basis of formal FIR (Ex.PC/1). In the background of these allegations and in the wake of statement of the complainant, the present case was registered against the appellant, by virtue of FIR No.38 dated 26.2.1999 (Ex.PC/1), on accusation of having committed the offences punishable u/ss 363, 376/511 IPC by the police of Police Station Sector 39, Chandigarh, in the manner depicted here-in-above.

(2.) After completion of the investigation, the final police report (challan) was submitted by the police against him to face the trial for the indicated offences.

(3.) Having completed all the codal formalities, the appellant was accordingly charge-sheeted for the commission of offences punishable u/ss 363, 366 and 376/511 IPC. As he did not plead guilty and claimed trial, therefore, the case was slated for evidence of the prosecution by the trial Judge.