KAILASH CHANDRA SHARMA, J. - (1.) This appeal has been preferred against the judgment and order on sentence dated 29.3.2012, passed by the learned Special Judge (Women Atrocities and Dowry Cases), Sriganganagar in Sessions Case No. 11/9 (8/9) whereby the accused-appellant was convicted for the offences under Sections 363, 366 and 376/511 IPC and was sentenced as under:- Under Section 363 I.P.C.-7 years' rigorous imprisonment with a fine of Rs. 1,000/- in default thereof to further undergo three month's simple imprisonment. Under Section 366 I.P.C.- 10 years' rigorous imprisonment with a fine of Rs. 2,000/- in default thereof to further undergo six month's simple imprisonment. Under Section 376/511 IPC-5 years' rigorous imprisonment with a fine of Rs. 1,000/- in default thereof to further undergo three month's simple imprisonment. All the sentences were ordered to run concurrently. Brief facts of the case are that on 26.12.2008, one Bhoop Ram lodged a report before SHO, Sadulsahar, District Sriganganagar. According to this report, on 26.12.2008 at 9 a m. his niece Kavita aged about 9 years was going to school along with his nephew Deepu. Bhoop Ram was also following then on his bicycle. When they were passing through the field, one Rajendra Kim S/o Lal Chand took away her niece aside a filed. His nephew shouted for help After hearing him shouting, Bhoop Ram reached towards him and inquired about the matter, then he told that Rajendra Kumar took away Kavita. He along with Deepu went there and saw that accused-appellant was trying to commit rape with his niece. On the basis of the said report, an First Information Report No. 377/2008 at Police Station Sadulsahar on 26.12.2008 for the offences under Sections 376/511 IPC was registered and investigation commenced.
(2.) After completion of investigation, a charge-sheet was filed against the accused-appellant Rajendra Kumar for the offences under Sections 363, 366/, and 376/511 IPC by the learned Judicial Magistrate, Class I, Sadulshahar, District Sriganganagar. After necessary compliance, the learned Judicial Magistrate committed the case to the learned Sessions. Judge, Sriganganagar.
(3.) On 18.6.2009, learned Sessions Judge transferred this case to the Special Court of Women Atrocities and Dowry Cases, Sriganganagar. After hearing, learned Additional Sessions Judge framed the charges for the offence under Sections 363, 366, and 376/511 IPC against the accused-appellant but he denied the charges and claimed trial.;