DOCTOR NISHAD Vs. STATE OF C G

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 15-06-2002 delivered by Shri A.S. Chandel, VIth Additional Sessions Judge, Durg in Sessions Trial Number 34/2002 whereby the Appellant was convicted under Section 376 of IPC and was sentenced to undergo rigorous imprisonment for ten years and to a fine of Rs. 500/- and in default of payment of fine to undergo additional rigorous imprisonment for six months.

(2.) THE Appellant had in his examination under Section 313 of Code of Criminal Procedure admitted that the prosecutrix aged six years visited his house in the afternoon on 21-11-2001. It is not disputed that Dhaneshwari Bai daughter in-law of the Appellant had taken the prosecutrix to her house. During the course of arguments, it was also not disputed that prosecutrix had sustained injury and bleeding on her private parts on 21 -11 -2001.

(3.) F.I.R. vide Ex. P-l was lodged by mother of the prosecutrix Jayanti Bai P.W. -1 at police outpost Kumhari at 7.20 P.M. on the same day. On medical examination of the prosecutrix at 11.30 P.M. Dr. Madhu Shrivastava P.W. -10 found that the prosecutrix was bleeding from her vagina. Since the prosecutrix was not allowing local examination it was done under general anesthesia. It was found that there was a vaginal tear of second degree 1 1/2 Cm. in size at 5 'O' clock position extending to 1 Cm. of perineum with fresh bleeding. Wound was repaired. It was opined that sexual intercourse might have been done with the prosecutrix within 12 hours. The Appellant was also examined on 22-11-2001 at 12.30 P.M. by Dr. Shrinivas Choubey P.W. -11 who found the Appellant capable of performing sexual intercourse. Smegma was absent from penis. It was opined that sexual intercourse could have been performed within 48 hours of the examination. After completion of investigation, the Appellant was prosecuted under Section 376 of IPC.