CHADRAMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The crux of the facts & evidence, unfolded during the course of trial, culminating in the commencement, relevant for deciding the instant appeal and emanating from the record, as claimed by the prosecution, is that Balbir Singh, husband of complainant Kamlesh Kaur (PW4) (for brevity "the complainant") has gone to foreign country, whereas she was residing in village Tohlu with her children. On 1.1.2001 at about 3 P.M., her youngest minor daughter (prosecutrix) (name withheld) (PW6) aged about 5 years, had gone out of the house for playing with other children. At about 4 P.M., she suddenly heard the shrieks of her daughter from the nearby bushes.

(2.) Narrating the sequence of events, in all, the complainant claimed that the appellant has kidnapped, attempted to commit rape on, her minor daughter of 5 years of age on the fateful day and threatened her with dire consequences of elimination. In the background of these allegations and in the wake of statement (Ex.PE) of the complainant, the present case was registered against him, by way of FIR No.3 dated 4.1.2001 (Ex.PE/2), on accusation of having committed the offences punishable u/ss 363, 376 read with section 511 and 506 IPC by the police of Police Station Talwara, District Hoshiarpur, in the manner depicted here-in-above.

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