KARAN @ GHONI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal that has been filed against the impugned judgment and order of sentence dated 13.10.2016 passed by the Additional Sessions Judge, Hoshiarpur in Sessions case No. 7 dated 24.3.2015, vide which the appellant was convicted under Section 376 IPC and sentenced to undergo rigorous imprisonment for a period of seven years.

(2.) In brief, the facts are that a statement was made by the prosecutrix in which it was alleged that her date of birth was 7.10.2000 and she was a student of 9th Class. It was further alleged that on 5.12014, when she left her house for Gurudwara Shahidan, then the appellant herein caught her and forcibly took her towards the Northern side of the road. She raised noise and requested the appellant to let her go to but of no avail. It was further alleged that the appellant took her for about 1/2 kilometer away and there committed the offence of rape. It was further alleged that on the next day i.e. 6.12014 at about 5 p.m., she managed to escape and on reaching her house, she disclosed the entire episode to her mother. It is on these allegations that the FIR was registered and the appellant was arrested on 8.12014. After completion of the investigation, the challan was presented and since the offence was triable by the Sessions Court, the same was committed by the Illaqa Magistrate to the Sessions Court.

(3.) The prosecution examined as many as 13 witnesses and after closure of prosecution evidence, statement of the appellant under Section 313 of the Code of Criminal Procedure was recorded, in which he denied all the allegations and pleaded innocence. The trial court, after going through the record and hearing learned counsel for the parties, convicted the appellant, as stated above.