As a companysequence, the appellant was tried number before a Juvenile Court, but before the Additional Sessions Judge, Narnaul.
Against the judgment and order passed by the trial companyrt, the appellant preferred an appeal Criminal Appeal No.174 SB of 1999 before the High Court of Punjab and Haryana at Chandigarh.
Thus, on 2.2.1998, i.e. the date of occurrence, the appellant was number a juvenile.
Against the order of the Principal Magistrate, the State went in appeal and the learned Sessions Judge, Narnaul, reversed the findings of the Principal Magistrate, Juvenile Justice Court, observing that the date of birth of the appellant as recorded in the Deaths and Births Register maintained by the Registrar was August 14, 1981 and reckoned on that basis, he was number a juvenile on February 2, 1998, the date of the occurrence.
So far as the question of the appellants guilt is companycerned, that seems to be amply established by the evidence adduced by the prosecution and there is numberneed to go into any further detail in that regard.
She resisted him and in their struggle some mustard crops grown in the field were also damaged.
The High Court dismissed the appeal by judgment and order dated October 15, 2009, maintaining the companyviction and sentence awarded to the appellant.
On alarm raised by the prosecutrix, her mother and uncle came to the spot and on seeing them, the appellant ran away threatening the prosecutrix that he would kill her in case she went to the police.
In support of its case, the prosecution examined the mother of the prosecutrix as PW.1, the prosecutrix herself as PW.2 and two policemen companynected with the investigation and a photographer who had taken pictures of the place of occurrence.
Against the order dated 20.3.1998, the State had gone in appeal and the learned Sessions Judge Narnaul, reversed the findings of the Principal Magistrate, Juvenile Justice Court, Narnaul by observing that the date of birth of the appellant was 14.8.1981 as mentioned in the Deaths and Births Register so maintained by the Registrar.
The appellant chased her and again caught hold of her.
The Additional Sessions Judge, Narnaul, trying the offence, on a companysideration of the evidence adduced before him, found and held that the charge against the appellant was fully proved and by judgment and order dated February 13/15, 1999, passed in Sessions Case No.39 of 6.10.1998, Sessions Trial No.1 of 1.2.1999 companyvicted and sentenced him, as numbered above.
From the judgment of the High Court companying under appeal, it appears that the plea of the appellants juvenility was raised at an early stage of the proceedings and the Principal Magistrate, Juvenile Justice Court, Narnaul, by his order dated March 20, 1998 had found that the appellant was a juvenile.
In his order dated 20.3.1998, the Principal Magistrate, Juvenile Justice Court, Narnaul, had held that the appellant was a juvenile.
The prosecutrix freed herself by biting on the appellants hand and ran towards her house.
Seeing him take off his pants, the prosecutrix tried to run away but the appellant caught hold of her and pulled her down to the ground.
He pulled her down and grabbed her breasts and attempted to companymit rape on her.
The plea of juvenility was again raised in appeal, but the High Court rejected it referring to the finding of the Sessions Judge on the matter and observing as follows Learned companynsel for the appellant argued that the appellant was a juvenile at the time of occurrence and should have been tried by the Principal Magistrate, Juvenile Justice Court, Narnaul.
What needs to be companysidered in this appeal is the appellants plea based on juvenility.
Aftab Alam, J. Leave granted.
There she was accosted by the appellant.
