STATE OF PUNJAB Vs. MOHAMMAD ZAMAL ANSARI

JUDGEMENT

(1.) The present appeal is preferred by the State of Punjab against the judgment of acquittal dated 01.04.2008 passed by the Addl. Sessions Judge (Ad hoc), Fast Tract Court, Amritsar, acquitting the respondent for an offence punishable under Section 376 IPC.

(2.) The prosecution case was initiated on the basis of statement (Ex.P-8) made by Smt. Jebun wife of Mister before Inspector Gurpreet Singh at 12.30 PM on 10.8.2006. In her statement, she has stated that she alongwith her husband and children are doing labour work in Town Hall School, which is under construction. She has stated that she has three children. The youngest is Muskan aged about 2 years. On 10.8.2006, when she was washing clothes in the building of the school, her youngest daughter Muskan was sitting besides her and was playing. Around 11.00 o'clock, accused Zamal son of Abdul Mian, who is also doing labour work in the school, picked up her daughter and took her in the room. After some time, when she went towards the room, she saw that her daughter was weeping in the lap of Zamal and he had put his private part in the private part of her daughter. She raised alarm. Her husband namely Mister and two more labourers came there. Zamal ran from there after giving slip. On the basis of such statement, ruqa was sent by Inspector Gurpreet Singh from Shri Guru Ram Das Hospital through Constable Balwinder Singh to the Police Station 'A' Division, Amritsar for lodging of FIR. On the basis of such ruqa, FIR bearing No. 111 dated 10.8.2006 under Section 376 was registered. The special report was received by the Magistrate at 4.30 PM.

(3.) The prosecutrix namely Muskan, aged about 2 years was medico-legally examined by PW-1 Dr. Seema Gupta, Medical Officer, Civil Hospital, Amritsar alongwith Dr. Jaswinder Kaur on 10.8.2006 at 1.00 PM. Ex.P-1 is the copy of medico-legal report. PW-1 Dr. Seema Gupta has found the clothes of the patient were soiled with blood. On local examination, she has found bleeding per vagina, posterior commissure was torn and hymen was intact. Vaginal swabs were taken from vagina and sent for chemical examination. Ex.P-2 is the report of the Chemical Examiner and on the basis of such report, she has opined that the patient has been subjected to sexual assault and intercourse. No cross- examination was conducted on the said witness.