DINESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) AT the very outset, learned counsel for the appellant has confined the relief claimed in the appeal for leniency in the quantum of sentence awarded to the appellant without challenging his conviction for the offence under Section 452 and 376 read with Section 511 Indian Penal Code (for short 'IPC') on merits.

(2.) AS per the prosecution, the occurrence took place on 08.07.2012 at about 7.00 a.m., when the complainant on hearing the cry of his daughter, was attracted towards his house and through the door closed from inside, he saw the appellant trying to commit rape upon his daughter aged three and half years. On his raising noise, the appellant after leaving the daughter of complainant ran away from the spot. The occurrence was also witnessed by wife of the complainant.

(3.) LEARNED State counsel submits that the appellant has attempted to commit rape upon a minor girl and deserves no leniency in the matter of sentence awarded by the trial Court.