MAHESH GROVER,J - (1.) ON 18.11.2001, the innocence of one Anita daughter of Ram Parshad, aged 11-1/2 years, resident of village Dubheta, District Sonepat (hereinafter described as 'the prosecutrix'), was brutally shattered when she was ravished by the appellant.
(2.) THE prosecutrix, who had gone to 'Gitwara' for dumping cattle dung, was returning towards her house at about 5.00 P.M. and when she reached in front of the cattle enclosure of the appellant, she found him standing there. He snatched the empty tasla which she was carrying and dragged her into a room constructed in the cattle enclosure. He bolted the room from inside and forcibly laid her on a cot and thereafter, raped her. The prosecutrix raised cries of "Bachao-Bachao". Upon hearing her cries, her brother Anil reached there by chance. Anil tried to push the door open, but since it was bolted from inside, he could not do so. After some time, the appellant opened the door and ran away. Anil brought the prosecutrix to their house where she narrated the whole story to her parents. The panchayat was also involved, who tried to hush up the matter by forcing a compromise. During these efforts, the appellant is alleged to have caused injuries to the prosecutrix's uncle, Rattan Singh and hant, Jagmati by giving Farsa blows to them on 19.11.2001. Thereafter, the matter was reported to the police upon which the formal FIR was recorded under the provisions of Section 376 of the IPC on 20.11.2001. The prosecutrix was taken to the Community Health Centre, Ganaur for medical examination. Finding no lady doctor present there, S.I. Sant Kumar, who had taken the prosecutrix there, went to the site for its inspection and for recording the statements of Anil, Rattan Singh and Jagmati and also of some of the villagers. The prosecutrix was again brought back to the Community Health Centre, Ganaur and was medically examined by the doctor on 20.11.2001. The sealed parcels containing salwar and two vaginal swabs of the prosecutrix were sealed in an envelope and were sent to Forensic Science Laboratory. The appellant was arrested on 4.12.2001 and was also medically examined by Dr. Shailender Kumar in Community Health Centre, Ganaur, who found him capable of performing sexual act.
(3.) THE police, after completion of investigation, submitted a report under Section 173 of the Cr.P.C. to the Court of Sub-Divisional Judicial Magistrate, Ganaur, who committed the case to the Court of Sessions for trial.;