PARMOD KUMAR Vs. STATE

JUDGEMENT

(1.) (Rule D.B.) The appellant, Parmod Kumar aged about 20 years, has been convicted under Section 376 of the Indian Penal Code for having committed rape on Public Witness 8, Rashmi, a girl of about 8 years. For this offence he has been sentenced to undergo life imprisonment and to a fine of Rs. 2,000.00 which on realisation is to be paid to the prosecutrix. In default of payment of fine he is to undergo R.I. for six months. Further, he has been convicted for an offence of house tresspass under Section 451 of the Penal Code and sentenced to undergo imprisonment for three months.

(2.) The father of the prosecutrix at the relevant time was a Head Constable in the Delhi Police. He had been allotted a quarter in New Police Lines, Delhi. The father of the appellant who was also employed in the Delhi Police, was residing in another quarter in those very police lines. The offence was committed at the house of the proscentrix's father.

(3.) The learned trial court has accepted the prosecution version that on 8th November, 1982 at about 12.30 p.m. in the absence of the parents of the prosecutrix, the appellant tresspassed into House No. F-8, II Type, New Police Lines, where Rashmi was playing with her younger sisters; took her into a room; forcibly removed her underwear and after removing his clothes, raped her, on account of which she began to bleed profusely. At that very time Rashmi's mother, Smt. Bimla, who had gone out of the house to purchase vegetables, came back and found the appellant having sexual intercourse with her daughter. On noticing her the appellant ran away while taking with him is pant which was lying on a a nearby table. Public Witness 7, Smt, Bimla found that her daughter Rashmi was bleedng from her private parts. She also found blood on the bed sheet. She took Rashmi to police station Kingsway Camp, where she narrated the incident to the police. Her report was made the basis of the First Information Report. Exhibit Public Witness 6/A. The prosecutrix was sent by police station Kingsway Camp for medical examination to Hindu Rao Hospital where Dr. P.K. Jain, Public Witness 2 examined her; his report is Exhibit Public Witness 2/A. The appellant, Pramod Kumar, who was also known as Pappu was, however, arrested on 10th November, 1982. On that very day he was examined by Public Witness 3 Dr. Mukhtiar Singh at Police Hospital, Delhi. The doctor found him capable of doing sexual intercourse. He did not find any abnormality "of penis, testies or herneal sides." .However no injury was found on the male organ of the appellant. The doctor's report is Exhibited as Public Witness 3/A.