INDER SAIN ALIAS NIKKU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant appeal has been filed seeking to challenge the judgment dated 24.12.2004 whereby the Addl. Sessions Judge, Patiala has convicted the appellant under Sections 366 & 376 IPC and sentenced him to undergo rigorous imprisonment for five years with fine of Rs. 5,000/- for offence under Section 366 IPC and ten years with fine of Rs. 10,000/- for offence under Section 376 IPC.

(2.) In brief, the facts are that a complaint was registered at the behest of the mother of the prosecutrix wherein she stated that on 007.1992 at about 130 p.m. her daughter came home crying and on enquiry has told that the accused had taken her to Khola in that vicinity on the pretext of lighting dhoop there. He broke the elastic of her underwear, opened the zip of his pant and put his private organ into her private organ after making her to lay down on the ground. The matter was immediately reported to the police and a medical examination of the prosecutrix was done and in the opinion of the doctor the young prosecutrix had been raped. After registration of the case, the police arrested the accused-appellant and on completion of investigation, challan was presented.

(3.) Copies of the documents as required under Section 207 Cr.P.C. were supplied to the accused and on perusal of the report presented under Section 173 Cr.P.C. a prima facie case under Section 366 & 376 IPC was made out against the accused and he was accordingly charge-sheeted, to which he pleaded not guilty and claimed trial.