Mohini Kapur, J. - (1.) The accused appellant has been convicted for the offences under sections 376 and 365 Indian Penal Code. He has been sentenced as under : JUDGEMENT_77_LAWS(RAJ)8_19931.html
(2.) The facts leading to this case lie in a very short compass. Huma @ Jayada was only 4 years old when the incident occurred. She is related to the accused and has referred to him as Marnmu Bhaiya. The accused took her to the hill side where she was raped When the girl was missed at home her family members went in search of her and they learnt that, she had gone with the accused The informantHasan and Farida. sister of the prosecutrix went in search towards the hill side and there they met the accused. He was questioned about the child Huma, but he refused to give any information The he was asked to join them in the search. Then accused lead the way and took them on the other side of the hill, where they found Hama, who was bleeding from the private parts On questioning, Huma told that the accused had brought her to that place and that he was responsible for her condition. There was blood on the neck and face of Huma, besides small injuries This first information report was lodged on 15-2-1989 and the incident is of the same day.
(3.) The girl Huma was medically examined and the following was her condition including injuries 1. Clothes no any clothes are wear by Jayada on lower part. 2. Injuries (a) Abrasion on rt. cheeck below rt. eye size 2" x 1" (b) Bleeding from nose clotted blood outside nostrils. (c) Rt. eye (conjictive) is reddish in colour (d) Multiple scratches and abrasion all over neck except back side. 3 External gennitals no any injury is seen around the public area. urethra but blood is present near vaginal orifice and posterior formices 4. Internal vaginal examination on opening blading tearing of posterior formices and hymen is tearing and blood coming from this part. There was no injury around pubic area, urethra but blood was present near vaginal and posterior formices. There was bleeding and tearing of posterior formices and hymen was torn and blood was coming out from this part. In the opinion of the doctor forceful intercourse was tried with the girl but for expert opinion she was referred to Government Hospital and vaginal swab was sent for chemical analysis. On medical examination Dr. Usha Agrawal found that there was injury on posterior forchette with small tear. The report of the Forensic Science Laboratory says that there was no semen on frock, towel chaddi and vaginal swab;