ANIL Vs. STATE

JUDGEMENT

(1.) THIS appeal is filed by the accused-appellant challenging his conviction under Sections 363 and 376 of the Indian Penal Code(,,IPC in short) vide judgment dated 3rd March, 2007 passed by Additional Sessions Judge, Rohini as also the order of the same date whereby the accused- appellant was sentenced to undergo rigorous imprisonment for ten years and also to fine of Rs. 2000/-, with a default stipulation, under Section 376 IPC.

(2.) THE prosecution case, briefly stated, is that on 15th December, 2005 PW-2 went to the police station Keshav Puram at about 1 a.m. and lodged a report that his five years old daughter(PW-3) had left the house at 8.30 p.m. for going to his shop but thereafter had not returned back. He had searched her but could not trace her. He expressed his suspicion that somebody had enticed away his daughter. Accordingly the police registered a case u/s 363 IPC vide FIR No. 632. THEn the police also tried to trace out the girl alongwith the complainant but she was not found. When the complainant(PW-2) returned back to his house in the morning at about 5.30 a.m. his missing daughter was seen standing outside her house. At that time there was some injury on her lips and she was also bleeding from her vagina. She was however not in fit state of mind to say anything. THEn at about 8.45 a.m. PW-2 alongwith his wife(PW-1) and their daughter(PW-3) went to the police station where on seeing the condition of the girl child the police got her sent to the hospital for medical examination where she had to be admitted. THE doctor who examined PW- 3 noted in the MLC, Ex.PW-4/A : "suspected H/O sexual assault. THE female child went missing on 14/12/05 at 8.30 p.m. & was recovered on 15/12/05 at 5.30 a.m.". THE doctor found contusion over both upper and lower lips. THE girl was then referred to gynaecologist(PW-4) who examined her and found the upper lips of the girl child swollen. Secondary sexual characters were not developed. Hymen was found torn and third degree perineal tear was present, which was stitched by the surgeon under general anaesthesia. Posterior fourchette was also torn. Hymen admitted one finger and there was some discharge mixed with blood. Present Vaginal smear slide was prepared and sealed and given to the police as also the trouser of the prosecutrix which she was wearing at that time. THE gynaecologist(PW-4) also recorded in the MLC that according to the mother of the child the child had come home naked and had not taken bath but at the time of her medical examination she was wearing trousers on which some discharge was seen.

(3.) THEN the search for the accused started but he could not be found. He was arrested on 19.12.2005 in another case of rape registered vide FIR 640/05 at the Keshav Puram police station and in that case while in police custody he made a disclosure statement in which he confessed that he had raped the daughter of the complainant of the present case also on the night of 14th/15th December,2005. THEN he was arrested in the present case also.