WAHIDUR REHMAN Vs. STATE

JUDGEMENT

(1.) As deposed to at the trial by HC Krishan Kumar PW -15, at around 12.30 mid night of October 3rd and 4th, 2010 one Ramesh Kumar and one Usha Rai brought a minor girl aged about 10 years to the police station who disclosed her name as 'Star' (pseudo name), who informed that a man had sexually assaulted her near Nizamuddin Dargah, New Delhi. In the presence of Ramesh Kumar and Usha Rai (social workers) he deputed Ct.Vinod Kumar to take the child to AIIMS for medical examination. As deposed to at the trial, Dr.Prajnanika Gurung PW -7, Senior Resident, Gynaecology at AIIMS, he examined 'Star' and recorded the MLC Ex.PW - 7/A in which it is written that the hymen of 'Star' was torn and a tear was noted posteriorly. Further examination could not be conducted because the child was un -cooperated. He took a vaginal swab and the clothes of 'Star' which he handed over to Ct.Vinod Kumar.

(2.) Over the telephone information aforesaid was conveyed to P.S.Hazrat Nizamuddin, where w/SI Kamini Gupta PW -16 was present and hence she was deputed to take custody of 'Star' and conduct further investigation. She proceeded to AIIMS where HC Krishan Kumar handed over to her two sealed pullandas with seal of the hospital, one pullanda containing the vaginal swab of 'Star' and the other her clothes, which she seized vide seizure memo Ex.PW -15/B.

(3.) Accompanied by HC Krishan Kumar she took 'Star' to Prayas and produced her before the Child Welfare Committee. Before the Members of the Child Welfare Committee she recorded statement Ex.PW -2/A of 'Star'. Ruchi PW -3 and Mohd.Usman Ali PW -2 working with a Child Welfare NGO named : Butterfly Child Helpline, were also present and have deposed to the fact that 'Star's' statement Ex.PW -2/A was recorded by SI Kamini Gupta in their presence.