PATWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant was convicted for attempted rape and sentenced to five years rigorous imprisonment along with fine of Rs. 10,000/-. In default of payment of fine the convict was further ordered to undergo rigorous imprisonment for three months.

(2.) Feeling dissatisfied with the impugned judgment of conviction and sentence passed under Section 376, IPC read with Section 511, IPC, the present appeal has been filed.

(3.) The prosecution case, as it emerges from the evidence on record can be stated thus. The prosecutrix, aged 12 years, left home to take tuitions in village Duneke, Patwinder Singh who was working as a Granthi in a nearby Gurudwara and offered a drink at his house before she attended her tuitions. The accused took her to a room on the first floor and made the child sit on the bed. He bolted the door from inside and tried to remove the cloths of the victim. The child resisted and she suffered bruises and scratches on her hand. There were bruises on her neck. The victim started crying and on hearing her screams her father and uncle reached the spot and pushed open the door and saw the accused trying to commit rape. On seeing them the accused pushed them aside and jumped from the first floor of the building to escape. The police was called and the incident was narrated and she was taken to the Civil Hospital, Moga. Vaginal swabs were taken and sent to the Chemical Analyst.