LAWS(DLH)-2012-8-219

SANJAY KUMAR Vs. STATE OF NCT OF DELHI

Decided On August 22, 2012
SANJAY KUMAR Appellant
V/S
STATE OF NCT OF DELHI Respondents

JUDGEMENT

(1.) The appellant Sanjay Kumar has been convicted under Section 302 and 376 of the Indian Penal Code, 1860 (IPC, for short) arising out of FIR No. 542/03, P.S. Rohini, for murder and rape of the child 'A', aged about 5 years. He has been sentenced to Rigorous imprisonment for life for both the offences and to pay Rs.5000/- each for the two offences, in default to further undergo Simple Imprisonment of 3 months.

(2.) Homicidal death of Child 'A' is undisputed and stands proved by statements of PW10 Dr. Akhil Vohra, CMO, Saroj Hospital, Rohini Delhi, who had proved MLC (Ex. PW10/A) which records that the child 'A' was brought dead to the hospital at 5.40 PM on 20 th August, 2003. She had abrasion mark on left side of forehead, strangulation mark on front of the neck and a cloth piece was present in the oral cavity. PW3, Dr. Mona Gupta, Consultant Obstetrics and Gynecology, was present with Dr. Renu Sharma, Saroj Hospital and had examined the child 'A' on 20 th August, 2003 and declared her 'brought dead'. PW3 recognized and identified the signatures and hand writing of Dr. Renu Sharma.

(3.) The body of child 'A' was subjected to post-mortem by PW12 Dr. V.K. Jha, Medical Officer-In-Charge, Mortuary, S.G.M. Hospital, Mangol Puri, Delhi. He had stated that the mouth of the child was partially open, tongue was intact and nails were blue. There was blood tinged discharge from mouth. The face was livid and swollen, the conjunctivae showed petechial hemorrhages; leniar scratches present over the neck and upper front extending up to chin; lips were abraded and bruised at mucocutaneous junction; on dissection of the neck tissues, the soft tissues lying in front of neck showed hemorrhages and there was pressure marks underlying tissue bruised on the side of the neck. On opening the neck by removal of tongue attached to the structures showed a handkerchief was filling the laryngeal pharynx. The death was caused due to asphyxia consequent to gagging of the respiratory track by foreign material (handkerchief). On the aspect whether the child 'A' was subject to rape, medical evaluation by PW12 confirmed the same as per postmortem report Ex. PW 12/A. Posterior forchette was ruptured showing tear laceration, liquid blood oozing from the vaginal orifice. Though the hymen, being situated high up was intact, but her vaginal muscles were bruised with swelling. PW12 opined that this was a case of forcible sexual intercourse with introduction of an adult male organ in an infantile vagina. The injuries were ante-mortem in nature.