BIHARI LAL PATEL Vs. STATE OF C G

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 14th August 2006 delivered by Shri N.K. Chandravanshi, 4th Additional Sessions Judge, Bilaspur in Sessions Case No. 108 of 2006 whereby the appellant was convicted under Section 450 and 376 (1) of the I.P.C. and sentenced to undergo rigorous imprisonment for 5 years and a fine of Rs.5000/- and in default to undergo further rigorous imprisonment for six months under Section 450 I.P.C. and to undergo rigorous imprisonment for 10 years and a fine of Rs. 10,000/- and in default to undergo rigorous imprisonment for one year under Section 376(1) I.P.C.

(2.) SHRI Gautam Khetrapal, learned counsel for the appellant has, at the very outset, stated that in this appeal he does not dispute the fact that the prosecutrix was aged 12 years on the date of occurrence and that the appellant is the cousin brother of the prosecutrix.

(3.) ON the same day i.e. 26.11.2005, Teejlal P.W.3 took the prosecutrix to P.S. Kota situated 9 kilometers away from the place of occurrence where the prosecutrix lodged F.I.R. vide Ex.P. 1 at 4.30 P.M. On medical examination by Dr. Nikita Kanwar P.W.I7 on the same day at about 6.00 P.M., it was found that the prosecutrix was bleeding due to injury to her private part. There was tear of vagina, hymen was absent, vagina was red and swollen and painful on touch and was bleeding from the tear. The size of the vaginal tear was 1.5 cm x .5 cm. The injury on the private part of the prosecutrix was very tender. She was not cooperating for detailed examination. Dr. Nikita Kanwar P.W. 17 opined that the findings recorded by her were suggestive of rape. She prepared vaginal slide of the prosecutrix and advised chemical examination by F.S.L. Vaginal slide was sealed and handed over to Constable of P.S. Kota.