DOODH NATH Vs. THE STATE (NCT OF DELHI)

JUDGEMENT

(1.) In the words of Honble Mr.Justice Dipak Mishra as observed in Shyam Narain vs. The State of NCT of Delhi, (2013) 7 SCC 77, the wanton lust, vicious appetite, depravity of senses, mortgage of mind to the inferior endowments of nature, the servility to the loathsome beast of passion and absolutely unchained carnal desire have driven the appellant to commit a crime which can bring in a ,,tsunami of shock in the mind of the collective, send a chill in the spine of the society, destroy the civilized stems of the milieu and comatose the marrows of sensitive polity.

(2.) This is a case of brutal rape of a seven years old girl. The learned Trial Judge after recording conviction under Section 376(2)(f) of Indian Penal Code (for short "IPC") had taken note of the brutality meted out to the child and sentenced him to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.18,000/ - in default, to undergo further rigorous imprisonment for a period of one year.

(3.) The horried episode, as unfurled by the prosecution, is that on 18.04.1996 the victim ,,M (PW -5) had gone to play outside her house. The accused who was residing in a temple took her to his room, removed her underwear and his own clothes, made her lie on the cot on which bedding was already spread and thereafter committed rape on her. Blood started oozing out from her private parts and her legs and feet were stained with blood. Thereafter, accused took her to a park and bought ice -cream for Rs.2 and offered the same to her and thereafter left her outside her house. She cried but nobody came to her rescue. After coming to her house, she narrated the incident to her parents. She was taken to police post Andhamugal. Her father Sh.Mewa Lal (PW8) gave his statement Ex.PW8/A which became bedrock of investigtion. After making endorsement Ex.PW15/B by SI Raghunath Singh (PW - 15) on the said statement, same was sent through Head Constable Braham Pal for registration of the case on the basis of which FIR Ex.PW7/A was recorded by Head Constable Ramesh Chand (PW -7). SI Raghunath Singh alongwith Mewa Lal (PW -8), the victim, Constable Amar Pal and Braham Pal went to the place of occurrance and prepared site plan Ex.PW15/D at the instance of prosecutrix. At the pointing out of prosecutrix, accused Doodh Nath was arrested. Prosecutrix was sent for medical examination alongwith Constable Bhim Singh and Brij Pal to Hindu Rao Hospital where she was examined by Dr.Vineeta Goel (PW -14) who gave her report Ex.PW14/A. After medical examination, blood collected on slide, one frock Ex.P2 and underwear Ex.P1 of victim were handed over to Constable Bhim Singh which were seized vide memo Ex.PW3/A. From the house of accused, one underwear of red colour Ex.P3 and one pillow cover Ex.P4 were taken into possession. One gunny bag Ex.P5 was also seized from the spot. Accused made a disclosure statement Ex.PW7/A and produced one blood stained lungi Ex.P6 wrapped in a blanket which was seized vide seizure memo Ex.PW7/B. Photographs were taken. Ossification test of prosecutrix was got done by Dr.C.P.Sharma (PW1) who gave his report Ex.PW1/A opining the age of victim to be between 7 to 9 years. Accused was also sent alongwith PW -6 Head Constable Braham Pal Singh to Hindu Rao Hospital where he was medically examined by Dr. C.B. Dabas (PW3) who gave his report Ex.PW3/A opining that there was nothing to suggest that he was not capable of doing sexual intercourse. On 30.05.1996 an application for recording statement of the prosecutrix under Section 164 Cr.P.C was moved. During the course of investigation, exhibits were sent to FSL from where report Ex.PW15/I was received. After completing investigation, chargesheet was submitted against the accused.