- (1.)This appeal arises out of Judgment and order dated 3rd March, 2011 of the High Court of Punjab and Haryana upholding the order passed by the Additional Sessions Judge, Faridabad convicting the appellant for the offences punishable under Sections 376 and 506, IPC.
(2.)The facts giving rise to this appeal are that at the instance of the prosecutrix (PW-10) an F.I.R. dated 6th October, 2001 was lodged 1at the Police Station Old Faridabad, Haryana against the appellant invoking Sections 376 and 506, IPC. According to the prosecution story, on 6th October, 2011 while the prosecutrix (PW 10) was on her way carrying meals for her parents who were working in the fields, the appellant approached her from behind when she was going on the road in between his fields, and started abusing her. When she protested, the appellant overpowered and pushed her as a result of which she fell down on the ground. The appellant then gagged her mouth and forcibly took her to the nearby arhar fields and committed rape on her.
(3.)After the case was registered, investigation commenced and the prosecutrix was got medically examined on 6th October, 2001 itself. The accused appellant was arrested on the next day and he was also got medically examined. After recording the statement of prosecutrix under Section 164, Cr.P.C., the case property was sent to Forensic Science Laboratory, Madhuban, Karnal and the case was committed to the Court of Session. Subsequently, charges under Sections 376 and 506, IPC were framed against the accused appellant who pleaded not guilty and claimed trial.