K.P.S.SANDHU, J. - (1.) SHIV Kumar, son of Faqir Chand, aged 17 years, Student, resident of village Badshahpur, Tehsil and District Gurgaon, stands convicted and sentenced under Section 376 of the Indian Penal Code, to undergo rigorous imprisonment for seven years, for committing rape on Babita, aged 9 years.
(2.) SHORN of all the details, the prosecution story is that on April 14, 1980, the parents of Babita prosecutrix had gone to Delhi. The prosecutrix and her elder sister Sneh Lata were at home. The appellant was doing tailoring work at his house. None else was present in the house. At about 6. p.m. Babita was playing in the chowk of the house of Faqir Chand, father of the appellant. Finding an opportunity, the appellant took her to the room where he was doing the tailoring work. He removed her knicker and put his penis into her vagina and pressed the prosecutrix against himself. When he started crying out of pain he left her. The prosecutrix came out of the room crying hearing which her sister Saneh Lata came there. The prosecutrix narrated her tale of woe to her sister and Adeshwar Parshad. Meanwhile, the appellant slipped away. Saneh Lata brought the prosecutrix to their house. After sometime their mother Kamla Devi reached back home from Delhi, but their father who it seems, had to gone there in the company of his wife, however, on April 16, 1981 at night. He was apprised of what had happened, but even then the matter was not reported to the police for fear of disgrace. Smt. Kamal Devi, mother of the prosecutrix, had got Babita treated by a private doctor Mrs. Mahajan of Gurgaon during the absence of her father, on whose arrival she was taken to Hindu Rani Hospital at Delhi on the night between 17/8.4.1980, and reached there at 10.15 a.m. on April 18, 1980. She was initial by examined by Dr. Ashok Kumar D.W. 1 and later by lady Dr. Miss Neeraji P.W.2 Dr. Kapur found from the history of the case given to him that the girl had been raped. He called P.W. 5 Gian Singh Constable and handed over the papers of medical examination etc. The said Constable reported the matter to police station Sabzi Mandi, Delhi, on telephone. This message was received by Sub-Inspector Partap Singh P.W. 18 at 1.30 a.m. He recorded it in the daily diary and a copy of the report is Exhibit PP.S.1 Partap Singh P.W. 13 went to hospital. He obtained MLR Exhibit PD of Babita and recorded the statement Exhibit PN of her mother Kamla Devi and sent the same to Police Station, Sadar Gurgaon in whose jurisdiction the occurrence had taken place. At Gurgaon the investigation was taken up by S.I. Partap Singh P.W. 14, who on the basis of the Statement Exhibit PN of Kamla Devi, recorded formal F.I.R. Exhibit PN/1 on April 18, 1980 at 1 p.m. Then he proceeded to the spot and prepared site plan Exhibit PE. He took into possession knicker Exhibit P-2, which the prosecutrix was wearing at the time of the incident and made it into a sealed parcel. He also recorded the statements of Sneh Lata and Adeswar Parshad. He searched for the appellant, but he was not traceable. Later on, on April 29, 1980, at 8.30 p.m. The appellant was produced before him by one Joginder Singh, whereupon he placed him under arrest and sent him up for medical examination which was subsequently perform by Dr. K.C. Goyal PW. 1, who found him capable of performing sexual intercourse. He found no injury on his person. A part of the investigation was conducted by ASI Sheodan Singh P.W. 12. He went to Hindu Rao Hospital at Delhi on April 19, 1980, after registration of case, and took into possession two sealed parcels containing vaginal smear and swab, from Head Constable Gian Singh. He also recorded the statement of Babita.
(3.) LADY Dr. (Miss) Neeraja P.W. 2 Hindu Rao Hospital Delhi examined the prosecutrix on April 18, 1980, at 1.30 a.m. and found that vagina was bleeding, hymen was turned and clots and blood were present in vagina. She further found that there was an irregular tear extending from hymen to vagina fornix on medio lateral wall of vagina on right side. There was small medial tear of posterior vaginal wall, near force. Vainna was full of clots of blood. Piece of tissue was removed from vagina. She further observed that the prosecutrix was looking ill. Pulse was a 100 p.m. and pailor was present. She did not rule out the possibility of the insertion of the penis into the Prosecutrix.;