RISHIPAL Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) A complaint was lodged by Shyam Singh on 06.12.1998 in reporting out post Basant Bihar, PS Kotwali, District Dehradun, alleging therein that when informant's daughter Rakhi, aged 15 years, was present at home and informant along with his wife were away, Rishipal (accusedappellant) kidnapped Rakhi. They came to know of the incident when the informant along with his wife returned their home.

(2.) Prosecution led the evidence through PW 3 Rakhi (victim), who said that on 04.12.1998, at 12:00 noon, when she was coming back from her school on bicycle, her uncle Dayaram met her and told her to go with Rishipal. Dayaram also said that if she did not go with Rishipal (accused-appellant), then she along with her family members will be killed. Rishipal then took her at his mausi's (aunt's) house. On 05.12.1998, they remained in the house of Rishipal's mausi's daughter. On 06.12.1998, Rishipal committed rape with her in the jungle on the point of knife. On her way back, her father, uncle and police met them in Resham Majri bus stand. She was taken to Basant Vihar Kotwali.

(3.) The next vital question, which arises for consideration is - what was the age of the victim when the incident took place PW 4 Dr. Lata Bisht examined Rakhi on 07.12.1998, at 1:16 p.m. in the Women's Hospital, Dehradun. No mark of injury was seen on the victim's private part. Hymen was old torn. There was no sign of bleeding. She was having her menstruation period. No opinion about rape could be given. She was referred to radiologist for determination of age and for histopathological examination for ascertaining the presence of spermatozoa. The medical report regarding the vaginal smear for presence of spermatozoa was in the negative. No definite opinion about rape could be given. Age of the girl was about 17 years as on 06.01.1999. The most important witness in this context was PW 9 Anil Purohit, who was posted as clerk in Sanjay Public Inter College, Karvadi, Dehradun. PW 9 said, in his examination-in-chief, that he was working in Sanjay Public Inter College since the year 1993-94. Rakhi d/o Shyam Singh was admitted in this college in July, 1998. PW 9 brought the school register along with him while coming to depose before the court below. According to PW 9, the date of birth of Rakhi, according to school register, was 30.01.1981. PW 9 submitted a photocopy (Ext. Ka-4) of the school register, which was the true copy of the original. In the cross-examination, he said that the date of birth of Rakhi was recorded in their school's register as per the T.C. issued by Kanya Uchch Prathmik Vidyalaya, Badowala. PW 9 denied the suggestion that the date of birth of victim was wrong.