- (1.) Accused Leela Singh has preferred the instant Criminal Appeal impugning judgment and order dated 07.02.2006 passed by learned Additional Sessions Judge (Ad hoc), Fast Track Court, Sangrur, thereby convicting the appellant under Sections 376 and 377 of the Indian Penal Code (in short -- IPC) and sentencing him to undergo rigorous imprisonment for 10 years and to pay fine of Rs.3,000/- and in default thereof, to undergo further rigorous imprisonment for three months under Section 376 IPC and to undergo rigorous imprisonment for 05 years and to pay fine of Rs.3,000/- and in default thereof, to undergo further rigorous imprisonment for three months under Section 377 IPC, but both the sentences have been ordered to run concurrently.
(2.) Prosecution case, in brief, is as under:- On 10.08.2005, in the evening, prosecutrix aged about 3 years (name not being mentioned) -- daughter's daughter of complainant Ajaib Singh was playing in the street in front of his house, while the complainant and his wife Raj Kaur were present in the house. House of accused Leela Singh is opposite the house of the complainant. At about 07:00 P.M., the complainant heard cries of the prosecutrix coming from the house of the accused. Thereupon, the complainant and his wife went to the house of the accused and found that the accused was committing rape on the prosecutrix. The complainant and his wife tried to apprehend the accused, but he fled away. The prosecutrix was taken to hospital at Moonak, from where she was sent to hospital at Lehra and then to Sangrur. Complainant made statement to the police regarding the occurrence on 11.08.2005 and thereupon, FIR was registered and investigated. The prosecutrix was medico-legally examined by Board of doctors comprising Dr.Sukhwinder Kaur and Dr.Suman Grewal. Statements of witnesses were recorded. Other investigation proceedings were conducted. The accused was arrested on 12.08.2005. He was also got medico-legally examined. On completion of investigation, police presented report under Section 173 of the Code of Criminal Procedure (in short -- Cr.P.C.) for prosecution of the accused under Sections 376 and 377 IPC.
(3.) Charge under Sections 376 and 377 IPC was framed against the accused, who pleaded not guilty and claimed trial.;