T.P.S.MANN,J - (1.) THE appellant was tried by Additional Sessions Judge, Chandigarh for offences under Sections 366/376 IPC. Vide judgment and order dated 11.11.1993, the trial Court convicted the appellant under Section 376 IPC and sentenced him to undergo RI for seven years and to pay a fine of Rs. 500/-. In default of payment of fine, he was directed to undergo further RI for three months. However, the appellant was acquitted of the charge under Section 366 IPC.
(2.) THE FIR was registered on the basis of a statement Ex. PD made by father of the prosecutrix. He alleged therein that he was a resident of Milk Colony, Dhanas, Union Territory of Chandigarh, where he resided with his wife and children. The prosecutrix was aged 12 years. He was doing the work of a mason and his two daughters, who were elder to the prosecutrix, also helped him in his occupation. On 27.11.1989, he returned along with his two daughters to his house after doing labour. At about 6.15 p.m., the prosecutrix went to the latrine, situated on the road nearby his house. She asked one of her elders sisters to bring water for her. When her elder sister reached the latrine, she found the prosecutrix missing. The complainant searched for his daughter. He met Izat Baig, who disclosed him that he had seen the prosecutrix with the accused at the bus-stand of Dhanas. The complainant went to the bus-stand but he could not find his daughter there. He suspected that the accused allured his daughter, aged 12 years, with an intention of committing rape. On the basis of the aforementioned statement Ex. PD, which was recorded by SI Sudarshan Kumar, who made endorsement Ex. PD/3, formal FIR Ex. PD/1 was registered in Police Station West, Chandigarh. On 3.12.1989, the complainant along with his relative Mohd. Safi went to the Police Station and thereafter accompanied SI Sudarshan Kumar and other police officials towards PGI. When they reached near the PGI Chowk, SI Sudarshan Kumar received a secret information that the accused and the prosecutrix were present in the Industrial Area near Transport Chowk. Accordingly, all of them went there, where the accused and the prosecutrix were apprehended. The prosecutrix was subjected to medico-legal examination by Dr. Gursharan Kaur PW-1, who noticed as follows :- "1. She gave her age 12 years 2 months and alleged to have been raped. 2. On examination her height is 150 cm., weight 50 kg., teeth 14/14.
(3.) HER salwar Ex. P-1 was taken into possession and the same was sealed with the seal of General Hospital. It was, thereafter, handed over to the police for sending it to the Chemical Examiner. The prosecutrix was referred to the Radiologist for confirmation of her age.;