SHANKER LAL MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard and perused the case diary. The applicant is alleged to have committed rape of Kum. Chelani, aged about 7 years. The case of the prosecution is that on 9-4-1999 Shrawan, the father of Kum. Chelani had gone to his Bada Kuan. From his well he had gone to village Sanwalpura. Kum. Chelani is alleged to have reached the well thereafter, but since she did not find him there she started crying whereupon Prabhat Meena took her to his house. From the house of Prabhat Meena, the present applicant took Kum Chelani with him on the pretext that he would take her to her house. But he committed rape upon her on the way in a nala. On being examined at 11.00 a.m. on 11-4-1999 at the Govt. Hospital at Sri Kalyani, Sikar the Doctor reported that she was having some teeth bite on her cheek and multiple abrasions on her breasts and her hymen was torn.

(2.) The learned counsel for the applicant read over the statement of the mother of the girl, in her statement Smt. Kamlesh the mother of the child, appears to have stated that the applicant used to make indecent advances against her and on several occasions he had caught hold of her and wanted to develop illicit relations with her. She has further stated that when she narrated his such misbehaviour to her husband Shrawan, he advised her to lodge some false case against the applicant; her husband promised her to teach the applicant a lesson. I have also gone through the statement of Kum. Chelani, recorded under Section 161. Cr. P.C. Kum. Chelani appears to have stated in her first examination that she had gone to her well in search of her father; that she did not find him there: that since it became late in the evening she had began to cry and call the members of her family; that her BabaT came there and took her to his house: that Baba gave her something to eat and she slept there: that after some time the applicant reached there and told Baba that he would take the girl to her house; that she accompanied the applicant who was in drunken state and was also having a bottle with him: that on the way the applicant asked her to take the drink; that she stayed with the applicant in a nala where the applicant consumed some more liquor; that he stated to her that he would do to her what he is doing with her mother; that thereafter the applicant took her to her house where the applicant and her mother exchanged some abuses and hot words. In her statement Kum. Chelani did not state that the applicant had committed any rape upon her. It was in the course of her statement recorded on 16-4-1999 that she appears to have stated that the applicant had committed rape on her.

(3.) In the course of investigation the Investigating Officer further appears to have examined the Doctor also who could not definitely say as to whether rape was actually committed upon Kum. Chelani, though her hymen was found torn. At the time of her medical examination no other injuries on her private parts were stated to have been observed. Her private parts were also not noted to have been bleeding at that time. The medical examination of the girl also appears to have been done after about two days of the occurrence.