S. B. Sinha, J. - (1.) This appeal is directed against a judgment and order dated 27-1-2005 passsed by a learned single Judge of the Aurangabad Bench of the Bombay High Court in Criminal Appeal No. 23 of 1991 whereby and whereunder the appeal preferred by the appellant herein against a judgment of conviction and sentence dated 16-1-1991 was dismissed.
(2.) Appellant herein is a resident of Ambedkarnagar, Nanded. He was a mechanic of two-wheelers. One Shivrani Dhondiba Kshirsagar, aged abot 6 years at that time, was also residing at House No. 14, Ambedkarnagar, Nanded. He allured the said child to ride with him on his Luna. She was taken towards Aerodrome. A search was made for her, but she could not be traced. She came back to her house weeping and crying. It has been noticed by the High Court: ".......... When her mother made query, she told that the person who used to repair Luna had taken her towards aerodrome on Luna and that, after removing her nicker, he urinated on her private part. She also told that as a result of the same, she was having pains at her private part. After arrival of the father of the prosecutrix, Vandana, the mother of the prosecutrix narrated the incident to him. The prosecutix also narrated the said incident to her father. Thereafter, father tried to search the person who had committed the above acts, but he was not traced .........."
(3.) A First Information Report could not be lodged immediately as night had set in. On the next day, the girl was taken to the Noor Garage where the appellant was identified as the person who had committed the mischievous act against her on the previous day. The First Information Report thereafter was lodged. The prosecutrix was medically examined by one Dr. Sheela Kadam. The medical report reads as under : "(i) Hymen intact (ii) No evidence of injury over valva (iii) External and spinctor abrasion anteriorly and laterally about ¼ cm x ¼ cm. Redness of spinctor PR powerful. (iv) For vaginal examination not possible. (v) No semen deposit and hymen intact. So wet smear for sperm taken from rectum. Negative. There is evidence of intercourse through rectum." ;