C. HARI SHANKAR, J.

1. This is yet another case–sad and sordid in equal measure–of innocence plundered.

Case of the Prosecution

2. The case pleaded by the prosecution, and accepted by the learned Additional Sessions Judge (hereinafter referred to as “ASJ”), may be recited thus:

2.1 Innocent and unaware of the predator lurking for her around the corner, the prosecutrix–who, in view of the proscription imposed by State of Punjab vs. Ramdev Singh AIR 2004 SC 1290, must remain unnamed and would, therefore, be designated by the appellation ‘C’ –was, at 4 pm on 7th February 2012, playing with her friends outside her house, when it began to rain. The children dispersed in different directions. Sangeeta (PW-19)–the mother of ‘C’–made various attempts to trace her, but remained unsuccessful. Finding her alone and seizing the opportunity, the appellant, on the pretext of feeding her “ber”, coaxed ‘C’ to accompany him to a spot near the canal (nehar) in the vicinity. There, the appellant stifled her by covering her mouth, struck at her face and eyes, burnt her hair and attempted to strangulate her, whereafter he proceeded to commit rape on her. Having perpetrated the heinous act, the ap