VARINDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is appeal filed by appellant Varinder against the judgment dated 05.04.2004 passed in Sessions case No. 28 of 2003 by Additional Sessions Judge, Panchkula whereby the appellant was convicted for the offence punishable under Section 366 and 354 of Indian Penal Code (IPC -for short) and sentenced vide order dated 07.04.2004 to undergo rigorous imprisonment for five years for the offence punishable under Section 366 IPC and to pay a fine of Rs. 5,000 and in default of payment of fine, to further undergo rigorous imprisonment for six months. He was further sentenced to undergo rigorous imprisonment for one year for the offence punishable under Section 354 IPC.

(2.) PROSECUTION case, in brief, is that prosecutrix, aged 8 years, studying in Ist class, after returning from school was playing in a Park near Sheetla Mata Mandir where the appellant came and allured the prosecutrix with an offer to buy ice -cream for her and also to take her for swings. The prosecutrix fell pray to the allurement and the appellant took her on his bicycle from the spot. Thereafter, he took her on a bus to a remote forest area of City Panchkula. When the prosecutrix inquired as to where she had been brought, he told her that he will take her for swings and ice -cream. He took her at a distance from the main road and made her to sit in his lap. He removed her underwear, started kissing her and tried to commit rape with her. The prosecutrix started crying which attracted two persons (army personnel) present nearby, to the spot. On seeing them, the appellant tried to run away but was caught. Those two persons, who had come to the spot, were Havildar Vijay Pardesi and Naik Ram Singh, who took the prosecutrix and the appellant to police. On statement of prosecutrix, ruqa (Ex.PA) was sent to the police station vide endorsement (Ex.PA/2) on which formal FIR (Ex.PF) was recorded. The appellant was arrested and after completion of investigation, challan was filed in the Court of Judicial Magistrate, Panchkula.

(3.) ON finding a prima facie case for the offence punishable under Sections 366 and 376 read with Section 511 IPC, the appellant was charge - sheeted to which he pleaded not guilty and claimed trial.