IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

102 CRA-S-2186-SB-2004 (O&M)

Date of decision : 09.12.2025 Manjit Singh ..... Appellant VERSUS State of Punjab ..... Respondent CORAM: HON’BLE MR. JUSTICE SURYA PARTAP SINGH Present : Mr. R.S. Athwal, Advocate (through VC), Ms. Monika Jalota, Amicus Curiae, Advocate for the appellant.

Mr. Eklavya Darshi, Deputy Advocate General, Punjab.

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SURYA PARTAP SINGH, J. (oral

1. For the commission of offence punishable under Sections 376 read with Section 511 and 506 of the Indian Penal Code, the FIR No.119 dated 06.07.2004 was lodged in Police Station Mahilpur, District Hoshiarpur. Once the FIR was lodged, the investigation was taken up by the police, and as an outcome of abovesaid investigation, the appellant was sent to the Court to face trial for the commission of abovementioned offence. The learned Judicial Magistrate committed the case to the Court of Sessions Hoshiarpur, hereinafter being referred to as ‘trial Court’ only.

2. At the time of decision of abovementioned trial, it has been observed that charge for the commission of offence punishable under Section 506 of IPC stands proved against the appellant. However, in view of the facts and circumstances of the case and the evidence available on record, the learned trial Court converted the charge for the offence under Section 376 read with Section 511 of IPC into a charge for the offence under Section

354 of IPC.

3. The petitioner participated in the abovementioned trial, which by virtue of judgment dated 21.10.2004 culminated into his conviction. Thus, by virtue of order of quantum of sentence of same day, the petitioner was awarded the following sentence:-

4. Feeling aggrieved of the judgment of conviction and order of sentence dated 21.10.2004, passed by the learned trial Court, the present appeal has been preferred by the appellant.

5. In nut-shell, the facts emerging from record are that the FIR of this case came into being at the instance of Manjit Kaur, Member Panchayat of Village Nadalon, hereinafter being referred to as ‘complainant’ only. It was stated by the complainant that on 06.07.2004 at about 08:00 pm, she had gone to the fields situated in the east of her house, and when she was returning home, a man came out from the bushes, grabbed her from behind and by lifting her took her in the hemp plants. According to complainant, thereafter he threw her on the ground and removed his underwear and pyjama with an intention to rape her. As per complainant, she raised hue and cry, but the abovementioned man put his hand on her mouth and started threatening her with dire consequences and thereafter, started trying to open the string of her salwar. It was further alleged by the complainant that during the abovementioned event, she saw that her husband was passing through the fields, and therefore, she called him. As per complainant in view of abovementioned development, the abovementioned person, namely Manjit Singh (appellant herein), who belonged her village, fled from the spot. The complainant further stated that while leaving the spot the assailant has threatened her also.

6. It is the case of the prosecution that in view of abovementioned complaint formal FIR in this case was lodged, and the investigation taken up. As per prosecution during the course of investigation, when all the necessary formalities were completed and the entire evidence stood collected, the final report under Section 173 of Cr.P.C. was filed before the Court for the trial of the appellant.

7. Heard.

8. It has been contended on behalf of appellant that the impugned judgment of conviction and order of sentence deserve to be set aside, being the