RAKESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The prosecution case in brief is that one Satpal son of Tek Chand has five daughters and one son. On the night intervening 27/28-10-97 at about 8-30 p.m. his daughter Rachna aged about 8 years had gone out in the street for answering the call of nature along with his other daughter Tanuja aged 5 years. Tanuja came back and told him that someone had seated Rachna on a cycle and pedalled away. Satpal and other people of the Mohalla searched Rachna here or there. They could not, however, lay their hands on Rachna. At about 10 p.m. a Sikh gentleman brought Rachna in a rickshaw. He and his other mohalledars heaved a sigh of relief that after all Rachna had returned. Thereafter, his wife took Rachna inside. She removed her underwear and told him (Satpal) that she had been subjected to rape. He and his wife took Rachna to a doctor for treatment. That doctor instructed them to take the girl to Civil Hospital, Jalandhar. They accordingly took Rachna to Civil Hospital, Jalandhar where she was admitted. Satpal went out in search of that person who had enticed Rachna and had taken her on a cycle. Satpal reported the matter to the police vide his statement Ex. PR on the basis of whcih case FIR No. 162 was registered at PS Division No. 3, Jalandhar under S. 363/366/376, IPC. During investigation, statement of Rachna was recorded. According to her, she was abducted by a boy aged 22-23 years who had seated on the frame of the cycle. He kept her giving beating on the way and she kept raising raula. Thereupon, he gagged her mouth and took her in the fields outside the city and raped her. After he had raped her, he seated her on a rickshaw, and he gave Rs. 10.00 to that rickshaw-wala as rickshaw charges. He directed him that he should keep seven rupees and give the remaining three ruppes to her. He further instructed him that he should drop her near Domoria pull. She further stated that she could identify her ravisher. She could identify that rickshaw-wala also. At Civil Hospital, Jalandhar, she was medically examined. Dr. Harpreet Mann, PW/4 stated that she gave her age as 7 years. She was a small girl of average build and nutrition. Her axillary and pubic hair were not developed. Breast buds were also not developed. Menarchea not started. She found the following injuries :-

(2.) She prepared two vaginal smear slides and took two vaginal swabs and sent them for chemical examination for detection of semen. She stated that the girl appeared to have been subjected to sexual intercourse. Chemical examiner vide report Ex. PE found semen in vaginal stides, underwear and frock.

(3.) Dr. Ajay Sahni medically examined Rakesh Kumar alias Kala. His primary sexual character i.e. penis and testes were fully developed and secondary sexual characters i.e. beards, moustaches, pubic and axillary hair were also fully developed. In his opinion, there was nothing to suggest that he was not capable of performing being sexual intercourse. Dr. S. K. Sharma found Des Raj accused also capable of sexual intercourse as he found that his testes were normal and present in its sacks. Penis was developed and smegma was present. Prepuce could be retracted. Pubic hair was present. Dr. Sudesh Dadra Medical Officer, Civil Hospital, Jalandhar stated that on 27-10-97 Rachna daughter of Satpal was admitted in Gyne section of Civil Hospital, Jalandhar. He also stated that he sent ruqa Ex. PH to the incharge, Police Station, Division No. 3, Jalandhar on 11-20 p.m. on admission of Rachna. Rachna remained admitted upto 15-11-97. On 29-10-97. House Surgeon had declared Rachna fit to make statement.