- (1.) The appellant herein was charged with commission of an offence u/s. 376 of the Indian Penal Code for committing rape on a minor girl Sushma. Her parents are labourers. They had been occupying a portion of the premises belonging to the father of the appellant herein, as tenant. On 2.1.1995, they had gone out of their house in search of work. Sushma was all alone in the house. The appellant taking advantage of the absence of the parents of the prosecutrix, came there, took her to Tapariya, put off her Chaddi and he also pulled down his trousers and sat upon her. When her grandfather came, he fled away. When the parents of Sushma came back, they were informed about the said incident by her. The mother of the prosecutrix had been redness in her private part as also blood coming out therefrom.
(2.) First Information Report was lodged on the next day i.e. on 3.1.1995. The prosecutrix was sent for medical examination and one Dr. Smt. Sunita Jain examined her. The said doctor was examined before the learned Trial Judge as PW-2. In her evidence she stated : "I medically examined Sushma D/o Mukesh on 3.1.1995 at 12.15 noon and found no any external injury over her body. Swelling was there over her private part and that became red. Hymen of her private part was intact. Hymen of her private part became red. I cannot give definite opinion that in earlier past whether there had been any intercourse happened with that lady."
(3.) The only question which was put to PW-2 in cross-examination was a suggestion which was in the following terms : "By biting of ant, swelling and redness may come at 3-4 places of the private parts.";