K. S. SIDHU, J. - (1.) THE applicant Padam Singh has been convicted and sentenced by the learned Additional Sessions Judge, Aimer, as follows ; - (a) Rigorous imprisonment for seven years and a fine of Rs. 100/- or, in default, further rigorous imprisonment for three months, under sections 376 I. P. C. (b) Rigorous imprisonment for one year and a fine of Rs. 100/- or in default, further rigorous imprisonment for three months under section 354 I. P. C. THE two sentences ordered to run concurrently.
(2.) THE case of the prosecution may be shortly stated like this THE appellant is next door neighbour of Narendra Kumar (PW 7 ). Both of them are living at the second floor of the same building in Ajmer. On 17th February 1981 at l. 00 P. M. Narendra Kumar made a written report to police station Clock Tower, Ajmer, complaining that Padam Singh had committed rape on his three year old child, named Kanchan, at about 12 00 Noon that day. He saw the child bleeding. On enquiry, the child is said to have pointed towards Padam Singh as the culprit who had committed the crime. Padam Singh was present in the building at that time. Narendra Kumar took the child and Padam Singh to the police station with the help of PW. 6 Dinesh Kumar and PW 8 Suresh Chandra. The Police immediately took up investigation. Shambhu Dayal. the Investigating Officer, seized the clothings of both Kanchan and the accused. Kanchan was examined a little later by Dr. Pushpa Lata Gupta (PW 2 ). Dr. Gupta found the thighs and external genetalia of the child soaked with blood. She was still bleeding from the vagina. Doctor sutured the torn genetalia and thus stopped the bleeding. She took two swabs, one for slides and the other for chemical examination. Dr. Ramesh Bhargava, examined the appellant same day and found number of injuries on his person. These injuries are said to have been inflicted to him by supporters of Narendra Kumar at the time when he was being taken to the Police Station. Dr. S. C. Nama, Medical Jurist of Jawaharlal Nehru Hospital, Ajmer also examined the appellant on February 17, 1981, for determination of the age of the appellant, his sexual potency and the condition of his male organ at that time. He found the age of the appellant around 19 or 20 and that he was sexually potent. He did not find any mark of external injury on the penis or any other genetalia. He did not see any foreign body on the public hair. He took urethral swab and smears for the purpose of chemical examination. He also took prepare ceil slide for determining the presence of vaginal epethelial cells. Both Dr. Gupta and Dr. Nama, made the samples taken by them into sealed parcels and sent them to the Investigating Officer. It is also alleged that these sealed parcels were sent to the Chemical Examiner for analysis and report. On completion of investigation the police submitted a charge sheet against the appellant for committal proceedings preparatory to his trial under sections 376 and 345 I. P. C. On committal, the learned Additional Sessions Judge tried the appellant on the said charges mentioned above.
(3.) DURING the trial, the prosecution examined as many as 13 witnesses including Dr. Ramesh Bhargava, Dr. Pushpalata Dr. S. C. Nama, Dinesh Kumar, Suresh Chandra, Narendra Kumar, Shambhoo Dayal and Kanchan. It is important to mention here that the prosecution did not place on the record the report or reports, if any, of the Chemical Examiner, who examined the vaginal swabs of the child taken by Dr. Pushpalata and urethral swab and smears of the appellant taken by Dr. S. C. Nama. In his statement under section 313 Cr. P. C. the appellant denied allegations made against him and protested his innocence. He pleaded that there was a quarrel between him and Narendra Kumar on February 17, 1981, at about noon time and that Narendra Kumar had given him beating. According to him, Narendra Kumar had falsely implicated him in this case to save himself from the consequences of the said beating. The appellant examined one witness, namely Paman Dass in defence. This witness testified to a quarrel between the appellant and Narendra Kumar. He stated that after Padam Singh had suffered bleeding lips as a result of quarrel upstairs he came down to his shop, and sat down on a Mudha lying there. He further stated that Narendra Kumar arrived there and took the appellant away after a short while. ;