Gurmit Ram, J. - (1.) Vide this appeal the abovesaid appellant has assailed the judgment and order of sentence dated 12.06.2012 passed by the Court of learned Additional Sessions Judge, S.A.S. Nagar Mohali in criminal case bearing FIR No. 6 dated 14.01.2011 under Ss. 376, 323 and 511 of the Indian Penal Code ("IPC" - for short), Police Station Lalru vide which he was held guilty for the offences punishable under Ss. 376 and 323, IPC and sentenced thereunder.
(2.) The case of prosecution in nut -shell before the learned trial Court was that on 14.01.2011, a telephonic message was received from M.H.C. Police Station Lalru with regard to admission of Anjali daughter of Tek Chand Rana resident of village Jalalpur in Civil Hospital Dera Bassi due to her rape. Upon this SI Santokh Singh, In -charge Police Post Nahar Lehli, Police Station Lalru along with other police officials reached at Civil Hospital, Dera Bassi and obtained Medico Legal Report ("MLR" - for short) of Injured -Anjali. Her father Tek Chand Rana met him in the hospital who made his statement before him which was as under: - - "That presently he is residing as a tenant of Sarpanch, village Jalalpur, Police Station Lalru, District S.A.S. Nagar Mohali. He is working in Nahar Fabric Loom Shed, Lehli. He is residing in village Jalalpur along with his family. There are also some other rooms of Gram Panchayat of village Jalalpur adjoining to his room wherein workers of said Nahar factory have been putting up as the tenants. Today he was sleeping in his house due to his night shift. His wife Lata Devi and daughter Anjali aged 2 years were also present in the house. At about 1:40 p.m., his wife told him that their daughter Anjali has been missing while playing herein. Upon this complainant and his wife along with their neighbour Jasbir Kaur started making search of Anjali. When they reached near quarter No. 11, then they heard weeping voice of a child from inside this quarter. When they peeped inside this quarter through window then they found that the clothes of their daughter had been removed. Accused Subhash Kumar @ Ram Bharosa had also removed his trouser and underwear towards the lower side and was lying on the floor. He was trying to commit rape upon his daughter by holding her upon him. He had also gagged the mouth of his daughter by putting his hand on her mouth in order to prevent her from raising any kind of voice. They knocked the door of the quarter with force but accused took some time in opening the door despite the knocking. His wife and neighbour Jasbir Kaur started taking care of Anjali. When he (complainant) tried to over -power accused -Subhash then he succeeded to run away by pushing him aside. He brought his daughter to Civil Hospital, Dera Bassi for her treatment since blood was oozing out from her mouth, nose and secret part. After recording the above statement of the complainant, it was read out to him and he signed the same after admitting it to be correct." Thereafter SI Santokh Singh made his endorsement on the above statement of the complainant and sent ruqa to the police station, on the basis of which instant case was registered against the accused. He also visited the spot of the occurrence and prepared the site -plan as pointed out by complainant Tek Chand Rana. From the spot, blood -stained floor was broken and the same was taken into police possession vide a memo. Accused was apprehended in this case on 15.01.2011. Statements of witnesses were recorded.
(3.) On receipt of report of Chemical Examiner and Director, Forensic Science Laboratory, Punjab, Chandigarh and on completion of investigation challan against the accused was presented in the Court of learned Illaqa Magistrate, Dera Bassi, who further committed this case to the Court of learned Additional Sessions Judge, SAS Nagar Mohali for trial after making compliance of the provision of Sec. 207 Cr.P.C..;