IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Decided on: 03.02.2026 Ravinder ……Appellant Versus State of Haryana ..…Respondent CORAM : HON'BLE MRS.JUSTICELISA GILL HON'BLE MR.JUSTICE RAMESH CHANDER DIMRI Present:- Mr.Raghav Garg, Amicus Curiae.

Mr.Randeep S.Dhull, Advocate, for the appellant.

Mr.Dhruv Dayal, Addl.A.G., Haryana.

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Ramesh Chander Dimri, J.

1. Through the present appeal, the appellant/convict challenges the judgment of conviction dated 17.04.2014 and order of sentence dated 18.04.2014 passed by learned Additional Sessions Judge, Sonepat in Sessions Case No.34 of 2014 titled as “State Vs. Ravinder”, arising out of FIR No.509 dated 13.11.2013 under Section 376 of the Indian Penal Code, 1860 (for brevity, ‘IPC’) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for brevity, ‘POCSO Act’), registered at Police Station Civil Lines, Sonepat through which, he was held guilty under Section 376(2)(i) IPC as well as Section 6 of the POCSO Act and sentenced to undergo rigorous imprisonment for life with a direction to pay a fine of Rs.25,000/- (Rupees Twenty five thousands only) under Section 376(2)(i) IPC. In default of payment of fine, he was sentenced to undergo rigorous imprisonment for a period of three years.

2. Prosecution case as unfolded by the police proceedings Ex.PW12/A is that on 13.11.2013, an intimation was received in Control Room, Sonepat that ‘A’ (real name withheld) daughter of ‘B’ (real name withheld) resident of ‘X’ (name of the local area withheld), Old DC Road, Sonepat, is admitted to General Hospital, Sonepat in a rape case and for conducting the proceedings, an Investigating Officer be sent. On getting the said intimation, PW-12, PSI Vikrant, with others, reached the said hospital and obtained Ruqa with MLR Ext.PW-14/B of ‘A’. He also obtained opinion of the concerned Doctor about the victim. The Doctor referred her to PGIMS, Rohtak. When the said PSI was ready to leave for the said hospital, mother ‘C’ (real name withheld) of ‘A’ met him at main gate of General Hospital, Sonepat and got recorded her statement Ex.PW7/B to the said PSI. After true translation, relevant portion of said statement is reproduced as under:

“Stated that I am resident of the above said address and have 4 children; My eldest daughter is ‘D’ (real name withheld) aged 12 years. Second one is a son namely ‘E’ (real name withheld) aged 9 years. Third one is daughter namely ‘F’ (real name withheld) aged 7 years and Fourth is my youngest daughter ‘A’ who is aged about 3 years. Today on 13.11.13, my husband ‘B’ had gone for a labour work. At about 11.00 am, after leaving my children ‘E’, ‘F’ and ‘A’ at home, I had gone for work at house of “G” (real name withheld). When at about 1.30 p.m, I returned to my home, I saw that my youngest daughter ‘A’ is weeping bitterly. I asked my daughter ‘F’ as to why ‘A’ is crying so bitterly today. Then my daughter ‘F’ told me that at about 12.30 pm, father of “H” (real name withheld) namely Ravinder who was residing in the nearby rented premises had taken ‘A’ with him. She had been crying since when she returned from him. I took my daughter ‘A’ on roof and asked her the reason of crying. Then my daughter ‘A’ pointed towards her vaginal portion and told me that she was feeling pain there. I removed pyjami of ‘A’ and found that some bleeding was present in her vagina and oil had also been applied there. Then, I took my daughter ‘A’ to GH Sonepat for treatment. Ravinder who is our neighbour has committed rape upon ‘A’. Legal action be taken against Ravinder.”

3. On the basis of said statement, PW12, PSI Vikrant, sent police proceedings, Ex.PW12/A to Police Station, Civil Lines, Sonepat for registration of the case. FIR, Ex.PW-3/A,was registered thereon. PW12,PSI Vikrant, commenced investigation. Statements of witnesses were recorded. The place of occurrence was inspected. ‘A’ was medico-legally examined from General Hospital, Sonepat. Parcels in respect of the said ex