FIAM KHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal has been directed against the judgment dated 02.12.1999 passed by the Additional Sessions Judge, Ludhiana whereby the appellant has been convicted and sentenced for offence punishable under Sections 366 & 376 of the Indian Penal Code (in short 'IPC') extracted hereinbelow: - <FRM>JUDGEMENT_763_LAWS(P&H)5_20141.htm</FRM>

(2.) THE allegations against the accused are that the prosecutrix aged about 14 1/2 years was subject to rape at Ludhiana and thereafter during stay of the prosecutrix and the accused in village Gujjar Tola, District Rampur (U.P.) during the period from May 1995 to 05.09.1995. The challan was presented in the Court of Illaqa Magistrate on completion of investigation in FIR No.107 dated 11.05.1995 registered at the behest of the prosecutrix. The case was committed to the Court of Sessions as the offence punishable under Sections 366, 376 IPC being exclusively triable by the said Court.

(3.) THE accused was charged for committing the aforesaid offences to which he pleaded not guilty and claimed trial. To prove its case, the prosecution examined as many as seven witnesses namely Dr. S.K.Sharma PW2, the prosecutrix PW3, Om Parkash, her uncle (Chacha/Taya) PW4, Jagdish Kaur Sidhu PW5, ASI Devinder Kumar PW6 and Ram Singh, Clerk, Punjab School Education Board, Mohali PW7.