DALBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vide order dated 1-2-1999 in case FIR No. 97 dated 18-3-1997 registered under Section 376, IPC at Police Station, Uchana (Sessions trial No. 39-A dated 29-10-1997), Ms. Kiran Anand Lall, Sessions Judge, Jind convicted Dalbir Singh son of Ram Dia under Section 376, IPC and sentenced him to undergo rigorous imprisonment for 10 years and to pay fine of Rs. 5000.00 or in default to undergo further rigorous imprisonment of six months.

(2.) The prosecution case, in brief is that in the year, 1997 Ram Parvesh PW-12 was labourer working at the brick kiln of Madan Lal in village Palwa, Smt. Jashoda was also a labourer working at that brick kiln. She had her granddaughter Pinki with her, Pinki's mother was dead, Ram Parvesh and Joshoda are from Bihar. On 18-3-1997 at about 12.00 noon Ram Parvesh, Jashoda and Pinki had gone out to fetch wood near about that brick kiln. They were picking wood at some distance from the brick-kiln, while picking wood, Pinki had gone a little ahead of them, Ram Parvesh and Jashoda heard the cries of Pinki. He and Jashoda ran towards the kothri from where cries were emanating. They saw Dalbir Singh-accused raping Pinki whose under wear was lying removed. On seeing them, Dalbir ran away. They brought Pinki to the brick kiln. Owner of the brick kiln sent Ram Parvesh, Jashoda and Pinki to Uchana Hospital Doctor stitched the injuries of Pinki. They then returned to the brick kiln for taking meals. Ram Parvesh, Jashoda and Pinki then proceeded to Police Station, Uchana, ASI Kali Ram of Police Station, Uchana met them near old bus stand, Uchana, where Ram Parvesh made statement Ex. PO before him, ASI Kali Ram made endorsement Ex. PO/1 and sent that statement to Police Station, Uchana for the registration of case against the accused, on the basis of which case FIR No. 97 was registered at Police Station, Uchana vide formal FIR Ex. PF under Section 376 (Z)(f) Indian Penal Code. From Uchana Pinki was brought to general hospital, Jind, where she was medico legally examined by a medical board comprising Dr. (Mrs.) Renu Aggarwal and Dr. Manjula Bansal on 19-3-1997 at about 11.20 A.M. On general examination, they found Pinki conscious, co-operative and having pain. Her BP was 110/70 and pulse was 84 per minute, regular. There was no external injury anywhere on her body. On local examination, breasts were not developed and there was no fresh injury present. On examination of external genitalia, they found blackish contusion measuring 5 cm x 8 cm over perineum and medial side of thigh, Laceration 1.5 cm x 0.5 cm vertically was present over clitoris and urethera on right thigh. No fresh bleeding was present. As Pinki felt intense pain on insertion of finger, per vagina examination could not be done. As there was no facility for general anaesthesia, extension of wound could not be traced. One wound was perineal tear extending up to anal orifice which was already stitched by some private practitioner at Uchana and faecal matter was present over the stitches in wound. Per rectum examination could be done as patient had pain and did not allow examination. Vaginal swabs were taken from vaginal orifice. Deep vaginal swabs could not be taken. Her under wear was taken and sealed and handed over to the police. Vaginal swabs taken were sealed and handed over to the police. Pinki was referred to MCH Rohtak for exploration of wound and further management. Dr. Renu Aggarwal stated that injuries found on the private parts of Pinki could be the result of forcible penetration of male organ in her vagina, Dr. Jasbir Kaur PW-2 who had examined Pinki in the beginning at her clinic at Uchana stated that on 18-3-1997, Pinki aged 6 years was brought to her clinic. She found one injury on her perineal region. This injury was on the outer perineum. This injury was on the outer portion of her vagina. She referred Pinki to civil hospital. She did not examine the injury with a view to find if it could be the result of rape or attempted rape. She gave treatment to Pinki for pain in her abdomen, Dr. SS Saroha, Medical Officer, PHC PW-8 examined Dalbir s/o Ram Dia aged 18 years on 22-3-1997 at 5, 30 P.M. and found no external mark of injury on him. There was no staining of clothing. Sexual characters like pubic hair, axillary hair were well developed. External genitalia was well developed. There was no genitalia injury. In his opinion, there was nothing to suggest that Dalbir was unable to perform sexual intercourse. He took into possession pubic hair and the under-wear of the accused. He made pubic hair into a sealed parcel. Similarly, he made his under wear into a sealed parcel. Sealed parcels were handed over to the police.

(3.) On 19-3-1997, Dr. Renu Saroha was posted as Medical Officer, General Hospital, Uchana PW-11, Pinki was produced before her. Her tears were already stitched by her. She was referred to general hospital, Jind for expert opinion and management.