STATE Vs. ANWAR HUSSAIN

JUDGEMENT

(1.) The State has preferred the present appeal against the judgement dated 25.02.2010 of Ld.Addl.Sessions Judge in SC No.128/2007 by which the respondent was acquitted of the charge for committing the offence punishable under Section 376 IPC.

(2.) Criminal law was set into motion at around 2000 hours (8.00 P.M.) on 25.08.2007 when DD No.64-B (Ex.PW-7/A) was recorded by SI Rishi Pal to the effect that at B-119, Joshi Colony, a girl aged about five years has been raped. Investigation was assigned to SI Praveen Kumar who along with Const.Kulwant Singh reached the spot. Soon thereafter, Insp.Alka Azad also reached there. Margub, father of the prosecutrix 'P' (assumed name) in his statement to IO disclosed that on 25.08.2007 when he returned to the house after performing his duties at 7.00 P.M., his wife, Reshma told him that at about 2.30 P.M. her daughter 'P' went to the accused's shop (whom she used to address as 'chachu') to purchase Itchguard cream . When she returned after some time, 'P' told her that the accused had done something offensive (ganda kaam) after putting off her Knickers, inside the shop. He further stated that he and his wife saw semen spots on her Knickers. On that, he took 'P' to the shop of the accused; she identified him as the person who had done ganda kaam with her and further stated that earlier too, the accused had committed similar acts. He rebuked the accused and informed the police on telephone.

(3.) Insp.Alka Azad made an endorsement on the statement and sent the rukka for registering the case under Section 376 IPC. 'P' and her parents were taken to LBS Hospital where the doctor conducted medical examination of the prosecutrix. On reaching the spot from the hospital, the IO prepared the site plan on the pointing out of the complainant.