NAZROOL KHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a matter which brings to be fore certain serious aspects suggesting shoddy investigation. Even the prosecution agency has faulted in bringing the exact case to trial as the chargesheet was presented before the Chief Judicial magistrate on 10.10.2008, under Section 376 read with Section 511 of Indian Penal Code (IPC) despite receiving Chemical Examiner's report dated 24.09.2008, clearly indicating the commission of offence of rape.

(2.) THIS Courts feels that at this stage when the appeal is at the final hearing and appellant having already undergone six years and nine months of imprisonment including remissions, it would not be appropriate to relegate the parties to the original position as the charge -sheet was presented for offence under Section 376 read with Section 511 IPC.

(3.) FIRST Information Report (FIR) was recorded before the police by the father of prosecutrix. The prosecutrix was about seven years old and working as domestic help of the appellant for cleaning vegetables. The girl child had gone in the noon time to the house of appellant on 25.08.2008. She returned home crying and weeping at about 5.00 p.m. The girl told her father that the appellant gave her Rs. 100/ - on the pretext of seeing Guga Mari fair. The appellant, however, took back the money from her promising to hand over the money after she returns from Gugamari fair and caught hold the prosecutrix from her arm.