ANIL KUMAR-IX,J. - (1.) This criminal appeal has been filed against the judgement and order dated 20.09.2003 passed by Additional Session Judge (Fast Track) Court No. 14, Mathura in Session Trial No. 972 of 2002, (State Vs. Surendra) arising out of Case Crime No. 223 of 2002, under Section 376 I.P.C., Police Station Raya, District Mathura, whereby sole appellant Surendra has been convicted and sentenced to life imprisonment with fine of Rs. 5,000/- under Section 376 I.P.C., with default stipulation.
(2.) Prosecution case in brief is that the informant Chandra Pal has lodged first information report on 05.02.2002 at 01.15 P.M. at P.S. Raya, District Mathura alleging therein that on 05.02.2002 at about 12.00 noon he was going towards Raya from his village Gonga. At about 12.30 P.M. when he reached near the field of Charan Singh, on hearing the shrieks of a child from the field of Charan Singh, he stopped there and went to that field. When he reached there, he saw that appellant/accused was committing rape on an innocent girl child of about 2-- 1/2 to 3 years. There was blood on the spot and the child was lying in a pool of blood. At that moment, Murari s/o Masi, Pappu s/o Bagari both resident of village Gonga and Jagveer s/o of Nekse resident of Dhaku also reached there. Seeing them, the accused/appellant tried to escape from there but they caught him on the spot after applying some force. The victim was in very serious condition. There were injuries with blood on private part of the victim. On being asked accused/appellant told his name as Surendra s/o Shanker Singh Bhat @ Sunil Bhati resident of Gokleshwar, District Dharchula (Nepal). Some persons living on the side of the road near the railway station told them the name and father's name of the victim and also told them that her parents were searching her for a long time. The informant Chandra Pal along with other persons brought the victim and the accused/appellant to the Police Station Raya and lodged the first information report by giving his written report Ext. Ka-1 which was scribed by Rakesh Bansal s/o Kishan Lal Bansal resident of Hathras road Raya, Mathura. The entry was made in general diary (G.D.) of Police Station vide Report No.20 at 13.15 hours on 05.02.2002 by Sri Vijay Singh (PW 4) and investigation was handed over to PW 5, Sub-Inspector Indra Pal Singh Tomar.
(3.) After registration of the first information report at Police Station the victim was sent to the government hospital with lady Constable Sushma of P.S. Raya for her treatment and medical examination. She was medically examined on 05.02.2002 by Dr. Sunita Majumdar Medical Officer Women Hospital, Agra and prepared injury report (Ext. Ka-6).According to the injury report Ext. Ka-6 she was of average built, weak condition pulse 110 per minute, there was no mark of injury anywhere on the external body surface. In internal examination, vagina admits little finger easily. Vagina smear prepared and sent for pathological examination. Injuries noted are as follows: (i) Left lateral vaginal tear at 5 o' clock position 1cm in length, breath 0.3 MM,muscle deep bleeding present. This tear was stitched bleeding on this side was controlled. (ii) Right lateral vaginal tear at 7 o' clock position (a) Skin tear externally 1.5cm x 0.3cm (b) muscle deep extending internally (apex could not traced) bleeding present tight vaginal packing done duration of injuries 1 and 2 about 6 hours. Victim was advised to admit in district female hospital for examination of injuries and primary T/T Sedation, X-ray of right wrist including carpels and right elbow for age determination, vaginal smear for pathological examination to ascertain the presence of spermatozoa and spermatic fluid, victim was referred to S.N. Medical College, Agra for the repair and further T/T of injury no.2 which could not be stitched due to lack of proper pediatric anesthesia. There was no other medical examination report or x-ray report of the victim on record as was advised by the doctor. ;