SARWAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CRM No. 16079 of 2014.

(2.) FOR the reasons set out in the application, the same is allowed. Hearing of the application for suspension of sentence of sentence of the applicant is preponed for today.

(3.) THE Learned counsel for the applicant -appellant has urged that even if the statement of the prosecutrix and the evidence which has come on the record is accepted as it is, even then the case would not fall under Section 376/511 IPC. It was urged that the complainant is a married lady and as per her version, she had gone out to the fields to ease herself when the accused arrived on the scene. It was urged that the victim refused to get her medical done and there is no medical record and the prosecutrix had given her statement after few days. The counsel for the applicant -appellant has referred to the findings recorded by the Sessions Judge, Rupnagar and has urged that the victim did not describe how the incident had occurred and there is reference to a scuffle between the victim & the accused and at the most, it would be a case of hurt/injury and it is not a case under Section 354 or 376 IPC read with Section 511 IPC.