- (1.) THE present appeal has been directed against judgment dated 5.10.2010 passed by the Additional Sessions Judge, Jalandhar whereby the appellant has been convicted and sentenced for commission of offence punishable under Section 376 of the Indian Penal Code (for short "IPC"), detailed hereinbelow: - "To undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs. 10,000/ -. In default of payment of fine to further undergo rigorous imprisonment for a period of one year."
(2.) THE facts relevant for disposal of the present appeal are recapitulated as under: - On 21.5.2009, the prosecutrix (name not disclosed), daughter of Mulakh Raj got recorded her statement that she is a student of 6th class in Government School, Ladhewal. On 21.5.2009, at about 2.30 p.m., she came back from the school and after taking meals, she went outside to play with the children. In the meantime, Rohit Kumar @ Minto son of Stephen, resident of House No. 79, Gali No. 6, Kaki Pind, Jalandhar came there and insisted her to come to his house but she refused. Rohit caught hold of her from her arms and when she tried to raise alarm, he gagged her mouth with hand, forcibly took her to his house, bolted the door from inside and committed sexual intercourse. He also scratched her face and other parts of the body with nails and gave her teeth bites. She raised raula. Her sister knocked at the door and Rohit opened it. Her sister took her to their house and she narrated all the facts to her mother Mohinder Kaur.
(3.) ON the basis of statement of the prosecutrix, formal FIR was registered, accused was arrested on 21.5.2009. The prosecutrix and the accused were got medically examined, statements of the witnesses were recorded and on completion of investigation, challan was presented in the Court for commencement of trial. After necessary compliance with the provisions of Section 207 of the Code of Criminal Procedure (for short "the Code"), the case was committed to the Court of Sessions as offence under Section 376 IPC being exclusively triable by the said court. 3After having heard counsel for the parties, charge under Section 376 IPC was framed against the accused to which he pleaded not guilty and claimed trial. To bring home guilt of the accused, the prosecution examined as many as 09 witnesses namely, Dr. Des Raj PW1, Dr. Damanjit Kaur PW2, the prosecutrix PW3, Neelam PW4, Renu PW5, Mohinder Kaur PW6, Dalip Singh Draftsman PW7, Kuldip Singh PW8 and SI Sukhdev Singh PW9.;