ANIL KUMAR - (1.) THE appellant has challenged his conviction in Sessions Case No.115 of 2003, titled as ,,State v. Bhura, arising from the FIR No.350 of 2003, under Sections 323/325/ 342/ 354/ 387/ 376 Indian Penal Code, PS Anand Vihar convicting the appellant under Sections 376, 326, 342 of the Indian Penal Code and sentencing the appellant to undergo rigorous life imprisonment under Section 376 and 326 of the Indian Penal Code and a fine of Rs.5,000/ - and in default to undergo simple imprisonment for three years. THE appellant was further sentenced to undergo rigorous imprisonment for one year for the offence punishable under Section 342 of the Indian Penal Code.
(2.) THE case of the prosecution in brief is that Ms.Rinchu, the prosecutrix was working as a Private Nurse/Attendant, in Shanti Mukund Hospital, situated within the bounds of Police Station Anand Vihar. At the time of incident she was engaged to look after Sh. S.K. Kaushik, an aged patient, in room No. 208, which is situated on the second floor of the hospital. He was a paralytic patient and he was unable to speak or move. Ms.Rinchu used to attend to him from 8 p.m. to 8 a.m. everyday. On the night intervening 6/7th September, 2003, Ms.Rinchu was lying on the side seat of the attendant and she was feeling drowsy, because of which she drifted off to sleep. Suddenly, she felt that somebody was fondling her breasts. She opened her eyes and found that accused Bhura, who was a sweeper in the hospital and was known to Ms.Rinchu for the last ten days, was present there. Ms. Rinchu stood up on her feet and asked him to get out of the room. When Bhura, the appellant, did not respond, she threatened to call the sister -in -charge by ringing the bell. She then started moving her hands towards the bell, but Bhura caught hold of her hands. THE prosecutrix then screamed but the accused had put his hand on her mouth and gagged her. Consequently, Rinchu, the prosecutrix was unable to raise her voice. In the meantime, Bhura dragged her towards the second patients bed in the room which was lying unoccupied. THE prosecutrix then threw up some blood and fell down on the floor as she became unconscious. During the wee hours, at about 4:30 a.m., she regained her consciousness. She then tried to open her eyes but she could not see from her right eye. THEreafter, she opened her left eye and touched her body and found that her panty, salwar and chunni had been removed. With great difficulty, she picked her clothes and put them on. She touched her surroundings and she realized that she was lying in the bathroom with her blood which had spread from her mouth and her eye ball. She reached the door of the bath room, however, found that it was bolted from outside. She was too much in pain and shock, which made her incapable of screaming and so she sat down taking the support of the bathroom walls. At about 6:30 a.m., a ward Boy, PW -8 Vyas Sharma arrived and he opened the bathroom and found the prosecutrix. He brought her out of the bathroom. Prosecutrix then informed him that she was raped by the accused Bhura, the sweeper during the night. The Ward Boy and Sister took her to the casualty and immediately tended to her eye, and it was bandaged, as her eye was seriously injured. During the medical examination of the prosecutrix, it also transpired that her menstrual period had also started. Prosecutrix during medical examination complained of severe pain in her private parts. The police was informed, and the officials of the police immediately reached the hospital. SI Kishore Pandey, was deputed as the Investigating Officer of the case, and on arriving at Hospital he found the victim, Ms.Rinchu under medical treatment. At that time the doctors had declared her unfit for making a statement. SI Kishore Pandey, therefore, recorded the statement of PW -8 Vyas Sharma, the Ward Boy and got the present case registered. SI Kishore Pandey visited the spot and found blood in the bathroom and floor of the room. He recovered one chunni, blood stained bed sheets and clothes of the prosecutrix. On 7th September 2003, prosecutrix was shifted to GTB hospital for operation on her eyes. Her statement was thereafter, recorded on 8th September, 2003.
(3.) IT also transpired that accused Bhura had absconded from the hospital since morning of the incident. SI, Kishore Pandey had gone to the jhuggi of the accused situated in Seema Puri and found it locked. However, at about 9:30 a.m. Bhura came to his Jhuggi and was apprehended by the police. The accused was arrested at the instance of Anil Saxena, who had deputed Bhura and the other members of the staff in the hospital. Accused was then medically examined on 8th September 2003. On 15th September, 2003 IO Kishore Pandey seized the eye -ball of the prosecutrix, which had come out during the alleged incident. Accused was charged under Sections 354/ 506/376 of the IPC. Later on the charges were altered by the then Learned Additional Sessions Judge, Sh. J.M Malik by a detailed order dated 19th January 2005 to charges under Sections 376/ 342/ 326 of the IPC. The accused pleaded not guilty to the charges framed against him and claimed trial.;