ABDUL HAMID Vs. STATE DELHI ADMN

JUDGEMENT

(1.) An eight year old girl was ravished by her own step father, the appellant herein. The Additional Sessions Judge has convicted him under Section 376, Indian Penal Code for committing offence of rape and has sentenced him to undergo imprisonment for life and pay a fine of Rs. 1,000.00in default whereof, to further undergo simple imprisonment of three months. The appellant is aggrieved and has come up in appeal.

(2.) The verdict has been challenged by the appellant mainly on the ground that there was inordinate delay in the lodging of the FIR in respect of the occurrence; the statement of the prosecutrix, the ravished child, is not corroborated by independent witness;Public Witness 1 andPublic Witness 2 are mother and grand-mother of the victim and are interested witnesses; the doctors who had examined the prosecutrix have not been examined and their report has been proved by calling the clerk from the hospital thus depriving the appellant of an opportunity of clarification in the medical reports; no injury was found on the penis of the appellant on medical examination which ought to have been there had he raped the girl child of the tender age of eight years; there is no injury on the body of the appellant although the prosecutrix in her deposition had stated that she had used her nails and hands to push him away,in the MLC the doctor has merely recorded alleged act of sexual assault and has not mentioned the name of the appellant as the person who committed this sexual act; the prosecution is the handiwork of Ramesh & Salim with whom the mother of the prosecutrix and the prosecutrix are living after the occurrence and who is being prosecuted for an attempt of a murderous assault on the appellant; and that prosecution case is false and the appellant has been falsely implicated in it.

(3.) Before embarking upon to decide the contentions of the appellant, it is necessary to know the relevant facts of the case. The facts of case, as revealed by the FIR and the evidence led by the prosecution, are that on receipt of D.D. No. 17/A at 12.50 a.m. on 3.1.1994 at the Police Station, Seelam Pur that a girl has been raped in Jhuggi No. 756, Taj Colony, ASI Mahavir Singh alongwith his staff reached that place. The ravished girl Babli and her mother Ms. Salma were taken to G.T.B. Hospital where medical examination of Babli was done and the doctor gave his opinion indicative of sexual assault. Thereupon the statement of Ms. Salma was recorded which is Ex.Public Witness 1 /A and after making endorsement Ex.Public Witness 8/A thereon the writing was sent to the Police Station Seelam Pur at about 3.30 a.m. where FIR No. 3/94 under Section 376, Indian Penal Code was registered. Its copy is Ex.Public Witness 4/B. The MLC is ExCivil Procedure Code10/A.