C.M.TOTLA,J. - (1.) This appeal challenges the appellant's conviction and sentence of three years R.I. with fine of Rs. 500/-, in default six months R.I. recorded and awarded as per judgment dated 30.11.1988.
(2.) Heard learned counsel for the appellant and also learned Public Prosecutor.
(3.) Alleged events, as per prosecution, leading to appellant's prosecution are that on 2.4.1987 at 8.00 P.M. Smt. S. accompanied with her younger sister Ms. C. arriving at Police Station Sadar orally lodged a report that yesterday she at agriculture field of Sadhu Singh, Sarpanch of 3B was cutting crops and during day Ranjha alias Gurdeep Singh and Didar Singh both were managing water, who went away in evening at 5 O'clock, and she continued work-at around 7- 7.15 came appellant Gurdeep Singh @ Ranjha, who told her of some urgent work so she asked what ? Then he told that have come to do x . rong act, on it complainant Ms. S. telling appellant that she is at par to her mother and as appellant tried to get hold of her, she tried to run away, but still appellant running after him getting hold of her and closing her mouth by his safa carried her to Kotha in the field of Sarpanch and forcibly removing clothes below her waist and committing immoral wrong act (sexual act) with her went away. 3A. In the F.I.R., the complainant stated that after the incident she went to Sarpanch and panchayat concerned but no result, so now the report is. On this report, registering F.I.R. Ex.P-1 No. 58/1987 for the offence under Section 376 I.P.C., Sub-Inspector PW-11-(1) inspected place of occurrence on 3.4.1987 (2) seized pair of shoes found there said to be of appellant (3) arrested appellant on 13.4.1987 and he medically examined (4) on appellant's disclosure and at his instance from his house recovered underwear memos prepared are Ex.P-2, Ex.P- 2A, Ex.P-3, Ex.P-9, I/x.P-10, Ex.P-11, Ex.P-12 and Ex.P-12A. The prosecutrix complainant Ms. S. was medically examined on 3.4.1987 and taken vaginal smear and also her salwar, kachha sealed and prepared report Ex.P-5. Packets delivered intact at FSL for examination. Recording statement of witnesses and after usual investigation, charge-sheet submitted against the appellant for the offence of Section 376 I.P.C. and on committal is Sessions Case No. 57/1987 registered. ;