Jora Singh, J. - (1.) ASHWANI Kumar @ Billoo, preferred this appeal to challenge the judgment of conviction dated 14.3.2002 and order of sentence dated 16.3.2002, rendered by the learned Additional Sessions Judge, Panchkula, in Sessions Case No. 82 dated 13.11.2000, arising out of FIR No. 80 dated 9.9.2000, registered under Sections 452/376 of the Indian Penal Code at Police Station Kalka, District Panchkula. By the said judgment, he was convicted under Sections 452/376 IPC and sentenced as under: 1. Under Section 452 IPC To undergo rigorous imprisonment for a period of 5 years and to pay a fine of Rs. 5000/ - and in default of payment of fine to further undergo rigorous imprisonment for a period of one year.
(2.) UNDER Section 376 IPC To undergo rigorous imprisonment for a period of 7 years and to pay a fine of Rs. 20,000/ - and in default of payment of fine to further undergo rigorous imprisonment for a period of two years. Both the substantive sentences were ordered to run concurrently. Prosecution story, in brief, is that Aarti (hereinafter referred to as 'the prosecutrix), was about 15 years old and on 9.9.2000 at about 12.30 p.m. was alone in her house. Her mother (Tej Rani) had gone to the bank whereas her father and brother had gone to the house of her maternal uncle. Accused came inside the house. Main gate was bolted from inside. She was caught hold by the accused. String of her salwar was opened and she was raped against her wish. She raised an alarm. In the meantime, her mother Tej Rani and maternal uncle Laxman Dass came and had witnessed the occurrence. On seeing them accused had fled away from the spot. Statement of the prosecutrix Ex. PC/3 was recorded by ASI Pritpal Singh, while present near Gandhi Chowk. After making endorsement Ex. PC/2 at 2.15 p.m., statement was sent to the police station on the basis of which formal FIR Ex. PC/1 was recorded.
(3.) PROSECUTRIX was produced before the doctor and was medico -legally examined. Rough site plan with its correct marginal notes was prepared. Accused was arrested and after completion of investigation, challan was presented in Court.;