STATE Vs. JAI HIND

JUDGEMENT

(1.) This is an appeal against the acquittal of the respondent on a charge of rape of a minor child "Baby X" aged about ten years on the date of the incident.

(2.) The alleged facts which can be gleaned from the Complaint (Ex. PW- 2/A/ 12/A) are that on 27.08.2008, when the prosecutrix was alone at her elder sister's house, at about 1:00 PM in the afternoon, the present respondent Jai Hind (hereafter "the accused"), who lived in a room in the same premises, entered her room and bolted the door. He removed her underclothes. When she protested, he threatened to kill her, her sister and her brother-in-law. He then raped her (there was penal vaginal penetration). When she started weeping from the pain, he ran away. At about 8.00 PM, that evening, Rakhi, PW-1 the prosecutrix's cousin, (who lived downstairs), returned from work. Baby X told her that her abdomen was hurting. The next day, i.e., on 28.08.2008, she was again alone at home, and at about 2.00 PM, the accused, again went inside the room, bolted it from inside and raped her. While leaving, he threatened to kill her if she told anyone about this. That evening, again, PW-1 Rakhi, came to her house at around 8.00 PM, and Rs.X' again told her about the pain in the abdomen. At 10:00 PM, her older sister Rekha PW-3 came back, and Rs.X' told her too about the abdominal pain. Later in the night, she narrated the incident to her sister. She was taken to the Police Post by PW-1 and PW-3 and the complaint was lodged.

(3.) The prosecutrix X was then taken to AIIMS where she was medically examined and an MLC (Ex. PW-4/A) was recorded where she named the accused. The accused was arrested and examined at AIIMS through MLC Ex. PW-6/A. Material evidence such as the underclothes of the victim, blood in a gauze, pubic swab and slide were collected and sent for analysis to the CFSL. The accused pointed out the place of incident (Ex. PW-1/B). The statement of the victim was recorded under Section 164 CrPC on 02.09.2008 (Ex. PW-5/C). The accused was charged under Sections 376/ 506 IPC on 04.02.2009. He pleaded not guilty and claimed trial.