- (1.) Having been convicted for the commission of offences under Sections 451, 376/511 of the Indian Penal Code (for short IPC), vide judgement of conviction dated 11.4.2011 and having been sentenced for a period of 1 year rigorous imprisonment under Section 451 IPC and for a period of 4 years rigorous imprisonment under Section 376 read with Section 511 IPC, vide order of sentence dated 13.4.2011 passed by the learned Sessions Judge, Faridabad, the appellant has come up to this court assailing the aforesaid judgement and order of sentence, by means of the present appeal.
(2.) Briefly put, relevant facts of the case are: Karambir S/o Dharam Pal (PW-5) submitted a complaint, Ex.'PC' before the S.H.O., Police Station Old Faridabad on 5.7.2010 to the effect that his uncle Ved Parkash with his family was residing on rent on the first floor of H.No.951/3, Bhud Colony, owned by Raghav Prasad. His uncle and aunt both had left for their duties. He went to the room at Bhud Colony to see his sister Nirmala (the real name has been changed), at about 10 O' Clock in the morning. When he was going upstairs, he heard the shrieks of Nirmala. He immediately ran towards the room and there he saw that Saurav @ Guddu s/o Raj Kishore Prasad had laid down his sister Nirmala on the bed in the room. Her salwar had been put off and was coming under her feet. Saurav had gagged the mouth of Nirmala with one hand. His pants was open and he was lying on his sister-Nirmala. He was forcibly attempting to commit rape. On seeing him, he (Saurav) suddenly stood up. Nirmala told him that seeing the door of the room open and finding her alone, he was forcibly attempting to commit rape upon her. Saurav @ Guddu, suddenly started running towards down stairs. He tried to catch Saurav who fell down in the stairs. After a struggle, complainant caught him. Guddu's aunt (father's sister) Urmila-owner of the house also heard about it and gave beatings to him. Thereafter, complainant informed his uncle on telephone and requested him to come. The injuries suffered by Saurav @ Guddu were caused due to fall during attempt to catch him. Thereafter, having heard the noise, residents of the locality gathered there. Saurav @ Guddu had attempted to commit rape upon his sister Nirmala having her found alone. Had he not reached in time, Saurav would have committed the rape upon Nirmala. Saurav @ Guddu was the nephew of the owner of the house and was residing in that very house. Thereafter, the complainant and his uncle caught hold Saurav @ Guddu. They brought him to the police station and produced before the police.
(3.) Based on the abovesaid application Ex.PC moved by Karambir PW-5, FIR Ex.'PC/1' was registered and particulars thereof were mentioned on the application Ex.'PC' by ASI Sohan Pal, Police Station Old Faridabad, by way of his endorsement Ex.'PC/2'. Thereafter, the investigating officer started the investigation, recorded the statements of the prosecutrix and her father. He visited the spot and prepared the rough site plan Ex.'PB'. The prosecutrix was got medico legally examined in the B.K. Hospital, Faridabad, by moving an application Ex.'PE'. Accused Saurav @ Guddu was put under arrest. After completion of the investigation, report prepared under Section 173 Cr.P.C. was presented to the court. Finding the offences triable by the court of Session, learned Additional Chief Judicial Magistrate, Faridabad, vide his order dated 3.8.2010, committed the case to the court of Sessions. Accordingly, charges were framed against the appellant under Sections 451 and 376 read with Section 511 IPC.;