- (1.) The present appeal has been filed to challenge the judgment of conviction and order of sentence dated 11.06.2004 passed by the Additional Sessions Judge (Adhoc), Fast Track Court, Hoshiarpur, whereby, the accused-appellants have been convicted for offence punishable under Sections 354 and 342 of Indian Penal Code (for short 'IPC') and sentenced to undergo RI for a period of one year and to pay fine of Rs. 500/- each with default clause under Section 354 IPC and RI for a period of six months each under Section 342 IPC.
(2.) Briefly, the facts of the case are that complainant- Mandeep Kaur @ Moni made a statement before the Police stating therein that she was studying in Government Senior Secondary School, Nangal Behala in 10+1 class. On 04.12.2002 at about 8.30 am, when she was going to school on her cycle and entered the road for Dasuya, a white coloured Tata Sumo bearing registration No. HR- 31-A-9431 came from back side and went ahead of her. After about 100 yards ahead from Badala crossing, driver of the Tata Sumo stopped the vehicle and came closer to her. One Prem Chand was also sitting with him on the front seat of the vehicle. Accused-Happy came out of the car and tried to forcibly lift her into the car with the help of accused Prem Chand. She was put in Tata Sumo and glasses of the vehicle were closed. She raised alarm but nobody heard. Both the accused molested her and even tried to take off her clothes. The accused then stopped the vehicle near the Tilla. She raised hue and cry and her uncle-Balwant Singh, who was going on scooter saw her and stopped his scooter in front of Sumo. The accused threw her out of the Sumo and went towards village Jugiala. She was brought back to her house on scooter by her uncle. Thereafter, the matter was reported to her father, who took her to the Police Station and her statement was got recorded by the Police, on the basis of which, FIR No.70 dated 04.12.2002 was registered under Sections 376, 511, 363, 366, 342, 323 read with Section 34 IPC at Police Station Hajipur. The victim was medico legally examined by doctor, who found two injuries on her person, which were simple in nature. The Investigating Officer visited the spot and prepared a rough site plan. The accused were arrested and medically examined. Tata Sumo was also taken into possession. Statements of witnesses were recorded and on completion of investigation, challan was presented.
(3.) Copies of the documents relied upon by the prosecution were supplied to the accused. On finding a prima facie case under Section 376 read with Section 511 and 342 IPC against both the accused, they were charged for said offences.;