JAI CHAND Vs. STATE

JUDGEMENT

(1.) On April 15, 1991 at about 9.45 p.m. the Operation Theatre of the Guru Nanak Eye Centre was a mute witness to an unfortunate incident involving Kumari Kiran Sharma and the present appellant Jai Chand. They were no strangers to each other. Whereas Kumari Kiran Sharma was employed in the said Centre as a Staff Nurse, Jai Chand was working there as a Nursing Orderly. This is how the prosecution witnesses unfold the events.

(2.) Kumari Kiran Sharma was on duty from 9 p.m. to 7.30 a.m. in the Operation Theatre. Jai Chand too was on duty on that very day. His duty hours were from 8 p.m. to 7.30 a.m. At about 9.45 p.m. after Ms.Sharma had finished her routine work she came to the Post Operation room of the Theatre. Jai Chand also arrived there and after catching hold of her, forcibly laid her down on the bed, broke the string of her Pyjama, gave aooth bite on her left cheek and tomed her underwear. He even removed her sanitary pad. Ms.Sharma, however', did not give up. After giving him a push, she ran to the "Reception" at the first floor of the building where she narrated the incident to Sister A. Mathew (Public Witness -2). Later Dr.A.K.Gupta, Head of the Department, (PW-3) also reached there who called the police leading to the recording of her statement, EX.PW 1/A and seizure of her clothes namely, Pyjama (Ex.P-1), underwear (Ex. P-2) besides the broken string (Ex.P-3).

(3.) One thing more before I bring this narrative to a close. Ms.Sharma was medically examined on April 16, 1991 byDr.Prem Kumar (Public Witness -9). Before him too she had narrated the entire incident but what is more relevant is that she had complained of pain on both her arms, upper lip and in the nape of neck and that the said Doctor on her physical examination had found bruises on middle of her left cheek besides one abrasion.