GIRVER SINGH Vs. STATE

JUDGEMENT

(1.) The parents of Kumari Geeta, the proiecutrix, are sweepers. According to the prosecution they used to work in a part of the locality of Gali Takia Razan, Sheesh Mahal, Teliwara, situated on Shivaji Road, Delhi. The prosecutrix used to help them. One of thhouses falling in that locality bearing No. 1993-94/29 is owned by the appellant's father. Jamil, the appellant herein, used to reside with his parents in the first floor of that house.

(2.) It is the prosecution case that on 23rd January, 1979, at about 5.30 p.m. Geeta aged 13 years, was cleaning the latrines in the ground floor of that house. When she had completed her work there, Jamil asked her to clean a room on the first floor. At his bidding she went upstairs to the room where Jamil followed her. He bolted the door from inside, took off his pants, laid her on the ground, untied her Salwar and had sexual intercourse with her against her will. Thereafter, he went downstairs and ran away. In that unlawful act she suffered injuries on her private parts and bled profu sely. She walked back to her house and waited for her mother. On her return at about 8 p.m. she reported the incident to her. Her mother took her to a nearby private clinic of a lady doctor who told them to go to a Hospital as it was a serious case.

(3.) Next day Geeta was taken to Hindu Rao Hospital by her mother where she was admitted. On medical examination the doctor found half an inch long "perineum tear" It was stitched. There was no other external injury apart from the said tear.