PYARE LAL Vs. STATE

JUDGEMENT

(1.) AGGRIEVED by a judgment dated 13.05.2013 of learned Additional Sessions Judge in Sessions Case No. 63/13 emanating from FIR 203/2010 registered at Police Station Begum Pur by which the appellant Pyare Lal was convicted under Section 376(2)(f) IPC, the instant appeal has been filed by him. By an order dated 20.05.2013, the appellant was sentenced to undergo RI for ten years with fine Rs. 10,000/ -.

(2.) BRIEFLY stated, the prosecution case as reflected in the charge - sheet was that on 19.08.2010 at about 1.00 p.m. at Jhuggi Plot No. 163, Pocket -21, Sector -24, Rohini, the appellant committed rape upon the prosecutrix 'X' (assumed name), aged around two years. Information about the incident was conveyed to the police at 2.15 p.m. and Daily Diary (DD) 21/A (Ex.PW -7/A) came into existence. The investigation was assigned to SI Somveer Singh who along with Ct.Chand Ram went to the spot. PCR officials had already taken the victim to Baba Saheb Ambedkar Hospital, Rohini where she was medically examined by MLC (Ex.PW -11/A). After recording statement of victim's father Satish Bansal (Ex.PW3/A), the investigating officer lodged First Information Report. Statements of witnesses conversant with the facts were recorded; the accused was arrested; and exhibits collected during investigation were sent to Forensic Science Laboratory for examination. Upon completion of investigation, a charge -sheet was filed against the accused in the court. The prosecution examined eleven witnesses to substantiate its case. In 313 statement, the appellant pleaded false implication without examining any witness in defence. The trial resulted in his conviction as aforesaid. Being aggrieved and dissatisfied, the present appeal has been filed.

(3.) THE occurrence took place at around 1.00 p.m. PW -3 (Satish Bansal),'X's father, after coming to know the horrible and unfortunate incident on return to home, immediately set the police machinery into motion and DD No. 21A (Ex.PW -7/A) about the incident was recorded. The victim was taken to Baba Saheb Ambedkar Hospital at 2.15 p.m. and was medically examined there. PW -11 (Dr.Pratima) has proved the MLC (Ex.PW -11/A) prepared by Dr.Neeraj Kumari and Dr.Rashmi being conversant with their hand -writing and signatures. As per MLC, hymen was was torn; posterior vaginal wall tear measuring 1cm was present, which was repaired under anesthesia. Apparently, it was a case of brutal sexual assault upon the tiny girl aged around two years. Victim's parents had no ulterior reasons to fake the incident of rape.