- (1.) This appeal has been preferred by the State against acquittal of the respondent of the charge under Ss. 376/452/354/511 IPC.
(2.) Case of the prosecution is that the prosecutrix 'K' PW 4 was present in the house of her sister at Sujanpur, where marriage of her sister's daughter was being performed. Her father was sleeping in a separate room and she was sleeping in another room. At 11 PM, the accused -respondent entered her room, put his hands on her mouth, broke open the string of her 'salwar' and committed rape. He gave a teeth bite on her breast and arms. She raised alarm which attracted her father. Her sister also returned from the place of marriage. The accused ran away from the spot. Her mother returned to the house on 15.4.1993 at 7/8 PM as she had gone to the house of in -laws of Geeta Devi. On 16.4.1993, she accompanied by her father and others was going to the Police Station and made her statement Ex. PC before SI Kashmir Singh PW 6, who met them on the way at Bridge No. 4. SI Kashmir Singh PW 6 recorded the statements of the persons present on the spot. He inspected the spot, prepared rough site plan and sent the prosecutrix for medical examination. Part of investigation was thereafter completed by SI Balbir Singh PW 3, who arrested the accused and got him medically examined.
(3.) The prosecutrix was medically examined by Dr. Jaspal Kaur PW 1, who made following observations: Patient was brought with the history of rape on the night of 14th April 1993 by her relative. On physical examination all the vital signs were normal. Examination of the breast: Revealed no singh of fresh or healed scars. Examination of the arms: Bluish mark of the size 3 x 3 cm were present on the outer aspect of the upper arm. Bluish mark of the right upper arm just below the shoulder joint of the size of approximately 3.5 x 2 cm. Bluish contusion on both thighs on outer aspect of the size of about 1.05 cm. PV examination : Hymen intact. No tear. No bleeding. Pubic hairs were not matted with blood. Vagina admitted one finger very tightly. No marks of injury on the perineum. Two swabs were taken from the vagina and sent for chemical analysis, report of which came out to be negative.;