PADAM Vs. STATE

JUDGEMENT

(1.) PROSECUTION Case:

(2.) STATEMENT of Vimala before the police is quoted below:

(3.) PW .2, the Doctor examined the accused on the request of the police. He proved his medical report. He found three scratch marks on the back of the left shoulder and two scratch marks on the lower back left side. He, however, did not mention, the injuries were fresh. He did not find any pubic hair in genital region, as told by him during cross-examination. PW 3 another Doctor, examined Vimala. According to her, she could not see any hymen. Vimala was not subjected to forcible sexual intercourse, as found by her. She collected vaginal swab and sent it for chemical examination through police. She did not find any stray hair and pubic hair. No mark of violence was found around genital region. The victim lady stated, she scratched the accused. Hence she took nail clippings and handed over the same to the police for examination. She admitted, accused was not produced before her. PW.5, the Surpanch, corroborated the evidence of Vimala. PW.8 was the mother of the victim. She also corroborated what had been stated by her daughter Vimala. She went for selling milk and came back at about 1.30 PM. She found her daughter weeping. She came to know from her, Padam violated her. She took her daughter to Tusnabad medical. The police came and took her statement. Vimala was taken to Monglutan Health Centre where the lady doctor medically examined her. Her wearing apparels were seized. She identified the signature as well as the wearing apparels. In cross- examination, she admitted, two of her daughters would reside adjacent to her house. She denied the suggestion that there had been a land dispute with the accused and the complaint had been a fall out. PW 9, the Investigating Officer during his cross-examination admitted, the CFSL report did not contain any reference of stretch(scratch) mark relating to the nails collected by the Investigating Officer. As per the report, nothing was detected from the exhibits. Medical report did not suggest any forcible sexual intercourse.