RADHEY MOHAN Vs. U.T., CHANDIGARH

JUDGEMENT

(1.) HAVING been convicted and sentenced to undergo rigorous imprisonment for a period of 07 years with fine amounting to Rs. 5,000/ - and in default of payment of fine to undergo further imprisonment for 02 months under Section 367 of the Indian Penal Code 1860 (for short "IPC") and rigorous imprisonment for a period of 07 years with fine amounting to Rs. 5,000/ - and in default of payment of fine to further undergo imprisonment for 02 months under Section 377 IPC, vide judgment/order dated 30.01.2012 passed by the Court of learned Additional Sessions Judge, Chandigarh (hereinafter referred to as "the trial Court"), convict Radhey Mohan has brought this appeal to seek reversal of the aforesaid judgment/order and his acquittal.

(2.) PUT as concisely as one may, case of the prosecution suggests that on 02.04.2011 complainant Jaskaran Singh Dhaliwal (PW -1) while returning from Sector 18, Chandigarh in his car when reached near park of Sector 18, heard screams of a child. He went inside the park and found that the appellant was committing unnatural offence with the victim, a 11 years old mentally retarded, deaf and dumb child. He informed the police control room and ultimately made a written complaint Ex. P -1, based whereupon a formal First Information Report, Ex. P -6, came to be recorded.

(3.) ON completion of investigation, a report in terms of Section 173(2) of Code of Criminal Procedure, 1973 (for short ''the Code'') was prepared and presented before the learned trial Court