(1.) THE present appeal has been preferred against the judgment dated 08.05.2009, vide which appellant Narinder Kumar Sharma has been held guilty and convicted for the offence punishable under Section 376 Indian Penal Code, 1860 (for short I.P.C) and the order on the quantum of sentence of the even dated, vide which he has been sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 5000/ -, in default thereof to further undergo imprisonment for a period two years.
(2.) THE sequence of the events and catalogue of the facts leading to this prosecution are that PW -3 Pritpal Singh, the father of prosecutrix made his statement Ex.PC to SI Gurtej Singh, the Investigating Officer of the case alleging therein that on 23.02.2008, at about 05.30 p.m, her daughter, the prosecutrix aged about six years went to the house of the present appellant, their neighbour, for playing with children. When she returned, she disclosed that their girl child was not present in the house and accused told her that her friend Kumkum will come in few minutes and in the meanwhile, he will make her to play a computer game. Accused then laid the prosecutrix on a bed lying in the lobby. He removed her trouser (Pajami) and opened the zip of his trouser and started rubbing his private part on the private part of the prosecutrix and inserted the same in the private part of the prosecutrix. The prosecutrix asked the accused that she was feeling pain as to what he was doing. But even thereafter, the accused kept on pushing his private part inside and out the private part of the prosecutrix. After sometime, he let her off. The prosecutrix came to her house and disclosed the entire facts to her parents. The prosecutrix was taken to the Primay Health Centre, Goniana, where she was medico legally examined by PW -5 Dr. Kiranjyoti Goyal. On receiving the information, SI Gurtej Singh reached the Primary Health Centre, Goniana and recorded the statement of Pritpal Singh Ex.PC. On the basis of which the FIR Ex.PC/2 was registered and investigation was started.
(3.) THE case was committed to the Court of Sessions for trial by the learned Judicial Magistrate First Class, Bathinda vide order dated 03.05.2008. The accused -appellant was charge sheeted for the offence punishable under Section 376 of IPC by the learned trial Court vide order dated 10.06.2008, to which he pleaded not guilty and claimed trial.