A.N.JINDAL,J - (1.) THE accused-appellant Dilbag Singh (hereinafter referred to as 'the accused') was tried for attempting to commit rape on 10 years old virgin (name not disclosed), consequently he was convicted vide judgment dated 7.5.1996 passed by the learned Additional Sessions Judge (II), Jind and sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs. 100/- under Section 450 IPC and rigorous imprisonment for seven years and to pay fine of Rs. 400/- under Section 376/511 IPC.
(2.) IN nutshell, the allegations against the accused as traced out from the record are that during the night of 30.7.1995, when the prosecutrix was lying on the cot in the room occupied by her parents in the premises of the factory, the accused came; made her naked; and tried to commit rape upon her. When he was preparing to commit rape, the prosecutrix succeeded in removing piece of cloth from her mouth and raising hue and cry, at which her parents woke up and consequently the accused fled away. On the basis of the aforesaid statement Ex. PA/1 made on 8.8.1995, FIR Ex. PA was registered. Resultantly investigation commenced. Hissam Singh Sub Inspector handled the investigation; prepared the rough site plan of the place of occurrence; recorded statements of the witnesses; arrested the accused on 10.8.1995; prepared the scaled site plan Ex. PC and on completion of the investigation challan was presented in the Court. The accused was charged under Sections 376/511/450 IPC to which he denied and opted for trial. The prosecution in order to bring home the charge against the accused examined Sukhbir Singh (PW-1), Krishan Lal (PW-2), Prosecutrix (PW-3), Dalip (PW-4), Suresh (PW-5), Sultan (PW-6), Lachman Singh (PW-7), Sube Singh (PW-8) and SI Hissam Singh (PW-9).
(3.) WHEN examined under Section 313 Cr.P.C. the accused while denying all the circumstances pleaded his false implication in the case but no evidence was led in defence. The trial ended in conviction. Hence this appeal. Arguments heard. Record perused.;