MOHD ISHA Vs. STATE

JUDGEMENT

(1.) ON 17. 10. 2005 at 10. 13 PM, D. D. No. 82b had been recorded on the information of HC Manmohan from the Police Control Room that at B-Block of Old Palam Chowk, arya Nagar, after quarreling with her family a girl had come to report the matter. This DD was marked to SI Surjit Singh PW-11, who was then posted at police station Dwarka. On receipt of the same he along with Const. Bhupender reached the place of occurrence where the prosecutrix PW-10 met them. Two ladies were also present with her. PW-10 disclosed that she had been raped by her father on that day as also on earlier occasions.

(2.) THE police party i. e. Const. Bhupender subsequently joined by WSI Sunil kumari PW-12 reached jhuggi of Mohd. Isha, the father of PW-10; he was not present there. The prosecutrix was taken for medical examination to the DDU hospital. Her MLC was prepared by Dr. Shakun PW-5, Senior Resident of the hospital who vide Ex. PW-5/a had opined that her vagina admits two fingers; hymen was torn; the victim was habitual to sexual intercourse.

(3.) THE statement of the prosecutrix Ex. PW-10/a was recorded; endorsement on the same Ex. PW-12/a was made and the FIR Ex. PW-1/b was formally registered by PW-1 si Sajjan Singh. Mohd. Isha, the accused and the father of the prosecutrix was arrested by SI Surjit Singh PW-11 vide memo Ex. PW-10/b at 6 AM on the following day from his jhuggi; his personal search Ex. PW-10/c was taken.