KANWALJIT SINGH AHLUWALIA, J. - (1.) DAUGHTER aged 5 -6 years of the complainant Prahlad (PW.4) (hereinafter to be called as 'victim' to protect identity of the child) was raped by the appellant.
(2.) THE court of Additional Sessions Judge (Fast Track) Baran, by impugned judgment dated 25th July, 2008 held the appellant guilty of offence under Section 376 of IPC, and by a separate order of even date sentenced the appellant to undergo life imprisonment, and to pay a fine of Rs.1000/ -, in default of payment thereof, to further undergo six months of simple imprisonment.
(3.) CRIMINAL proceedings were set into motion on the basis of written complaint (Ex.P.4) lodged by Prahlad (PW.4) on 21st August, 2007 at Police Station Kishanganj. In the written complaint, the complainant stated that on 21st August, 2007, he was present in his house along with his wife and his children were playing outside the house. At about 1.30 P.M. his daughter (victim) came weeping into the house and stated that Pappu S/o Kalu Lal, the present appellant took her by alluring her to provide 'Sev' (salted snack) for eating. The accused took the victim towards a secrete place. The victim informed that after removing her underwear accused made her bleed from her private part. The wife of the complainant saw that from the private parts of the victim blood was oozing out. Thus, it was stated by the complainant in the written complaint that accused had committed wrong act with his daughter (victim). The victim was medico -legally examined by Dr. Laxmi Goyal (PW.3). She conducted medico -legal examination of the victim and as per the medico -legal report (Ex.P.3), following external and internal injuries were found on the person of the victim: - "External Injury: Lacerated wound 2.5 x 0.5 x .05 cm. over perineal muscle extending near anus; Private Parts Examination: Labia Minora: - Tenderness and edematous Labia Majora: - Tenderness and edematous Hymen: - Teared Vaginal Valve: - Admitting one finger. Multiple Abrasions present on posterior vaginal small. There is bleeding present as pr vaginal examination. Staining: - No staining on body and on private parts. Opinion: - After general physical examination and per vaginal examination, I am in opinion that there is sufficient evidence present of forceful introduction of any thing into vagina. Though Vaginal swab have been taken sent FLS Jaipur." ;