DEVRAJ Vs. STATE

JUDGEMENT

(1.) By an order dated [29th March 1986, the appellant was convicted into Section 376 Indian Penal Code and was sentenced to undergo rigorous imprisonment for ten years and to the payment of fine of Rs. 500, in default of payment of which a further rigorous imprisonment of six months was imposed.

(2.) Briefly stating the facts are that the victim Kumari Nisha Madan, who was studying in the nursery class of Gauri Public School, Gita Colony, Delhi, was raped on January 21,1985 by the appellant, a Rickshaw Puller who bad been engaged by the said school to lift the children to and back from the school, after school hourS. At about 11.30 A.M. on the date of incident the victim Kumari Nisha Madan who on the date of incident was about 3 years of age, went down the stairs to take water after seeking permission from her teacheress in the class-room. On her return, she was found weeping and complained of pain in the abdomin. Having found her in utter distress, her teacheress reported the matter to head-mistress and thereafter she was sent with the appellant Dev Raj in his Rickshaw who was asked to deliver her to her parents. The appellant is supposed to have taken her to her house and after dropping her on the road side he is slated to have returned. Thereafter, the mother of the victim finding the child profusely bleeding from her private part took the victim to a family doctor. I he parents were ultimately advised that since the child was in danger of death she should be immediately removed to J.P.N. Hospital. Prior to this, the mother of the child had visited the school where she was not given any satisfactory details in respect of the fact as to how the child had sustained injury. She was given proper treatment at the J.P.N. Hospital where she had been admitted, and was examined by Dr. Usha Chikara Public Witness 11. Dr. Usha Chikara found a perineal tear mid line bleeding profusely. She was examined under anaesthesia and she noticed. a verticle mid line tear as well as multiple laceration in the vagina high up. The doctor on the basis of these injuries got impression that these were caused by sexual intercourse. The child was further found in deep distress and restlessness. On the following day, Kumari Nisha, after she regained consciousness, informed her mother Saroj Madan Public Witness 2 that she was beaten on the private part by the appellant, meaning thereby that she was sexually assaulted by the appellant resulting in profuse bleeding.

(3.) During the course of investigation, the investigating officer seized the under-wear and the pant of the victim as also the under-wear of the appellant which were of blood stains. These were sent to the laboratory for chemical analysis and the report of the Forensic Expert is that the blood on all the three Exhibits is of human origin. It was further opined that whereas the blood group on the under-wear of the appellant could not be determined the blood group on the clothes of the victim was found that of 'B' group.