- (1.) Appellant Mangal is in jail for about eight years for commission of an offence under Section 376 IPC. The victim in this case is his daughter, aged about 13 years at the time of alleged occurrence. It was allegation against him that on March 7, 2004, at about 3 AM, in his house, he had committed rape with the victim forcibly and against her will. The trial Judge has noted following facts regarding case of the prosecution: "On 6-3-2004 Smt. Kamlesh along with her husband Mangal accused and children namely Sonam, Amit and Monika was present in her house. Her husband Mangal consumed liquor during the night after which at about 3 A.M. on 7-3-2004 he asked his daughter Ms. Sonam to remove her salwar upon which Smt. Kamlesh resisted but the accused pushed her towards one side as a result of which she fell down after which the accused forcibly removed the Salwar of her daugher Ms. Sonam and committed rape upon her. Ms. Sonam raised the noise after which Smt. Kamlesh complainant went to her parents home where she narrated the incident to her brother and Bhabhi Smt. Premwati after which the report Ex. P21 was lodged with the police on the basis of which FIR Ex P3 was registered against the accused."
(2.) On receipt of information, the Investigating Officer ASI Balbir Singh (PW5) went to the place of occurrence, prepared a rough site plan of that place (Ex. P5) with correct marginal notes. The victim was medico-legally examined by Dr. Jatender Kaur (PW12) on March 8, 2004, at 8 PM. This witness did not find any external/ internal injury on the person of the victim. At the time of medical examination, pubic hair of the victim were taken and sent to the Forensic Science Laboratory for examination. Similarly, the appellant accused after his arrest, was medico-legally examined by Dr. Dinesh Kumar (PW11) on March 9, 2004. This witness did not find any injury on the person of the appellant. It was stated that there is nothing to suggest that the appellant was incapable to perform sexual intercourse.
(3.) The victim was produced before PW9 Smt. Raj Gupta, Judicial Magistrate Ist Class,Palwal, who recorded her statement Ex. PA under Section 164 Cr.P.C. Certificate given by the above witness has been brought on record as Ex. P9. Along with the swabs the Investigating Officer also sent Salwar of the victim to the Forensic Science Laboratory for examination. Its report is available on record as Ex. P18.;