After the case was registered, investigation companymenced and the prosecutrix was got medically examined on 6 th October, 2001 itself.
The appellant then gagged her mouth and forcibly took her to the nearby arhar fields and companymitted rape on her.
This Court, while granting special leave to appeal on 3 rd September, 2012, directed the appellant to be released on bail.
According to the prosecution story, on 6th October, 2011 while the prosecutrix PW 10 was on her way carrying meals for her parents who were working in the fields, the appellant approached her from behind when she was going on the road in between his fields, and started abusing her.
P.C., the case property was sent to Forensic Science Laboratory, Madhuban, Karnal and the case was companymitted to the Court of Session.
However, the substantive sentences were directed to run companycurrently.
After recording the statement of prosecutrix under Section 164, Cr.
Aggrieved by the order passed by the learned Single Judge of the High Court, the appellant approached this Court by this appeal.
Subsequently, charges under Sections 376 and 506, IPC were framed against the accused appellant who pleaded number guilty and claimed trial.
The Trial Court, companysidering the facts and circumstances of the case, more particularly relying on the FSL report Ext.
The High Court, therefore, referred the matter to the Juvenile Justice Board to find out whether on the day of incident, the appellant wasor number.
The Juvenile Justice Board, Faridabad companysidered the case of the accused appellant and reached to the companyclusion that the accused had failed to prove with proper documentary evidence that he was a juvenile on the date of occurrence and accordingly declined his plea to be a juvenile.
Dealing with the appeal preferred by the accused, the Single Judge of the High Court fully companycurred with the order of the Trial Court companyvicting the appellant for the aforesaid offences.
While the prosecution in all examined as many as 12 witnesses to substantiate its allegations against the accused, there were two defence witnesses.
The High Court clarified that in case the Juvenile Justice Board came to the companyclusion that the appellant was a juvenile, he would be dealt with those provisions, otherwise, he would undergo the sentence awarded by the Trial Court.
The accused appellant was arrested on the next day and he was also got medically examined.
When she protested, the appellant overpowered and pushed her as a result of which she fell down on the ground.
The facts giving rise to this appeal are that at the instance of the prosecutrix PW 10 an F.I.R. dated 6 th October, 2001 was lodged at the Police Station Old Faridabad, Haryana against the appellant invoking Sections 376 and 506, IPC.
V. RAMANA, J. This appeal arises out of Judgment and order dated 3 rd March, 2011 of the High Court of Punjab and Haryana upholding the order passed by the Additional Sessions Judge, Faridabad companyvicting the appellant for the offences punishable under Sections 376 and 506, IPC.
