NIRMAL KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) In case F.I.R. No. 34, dated 27-1-1997 of Police Station Naraingarh (Sessions Case No. 38 of 1997), Nirmal Kumar alias Kaka-accused age d 21 years was convicted by the learned Additional Sessions Judge, Ambala under S. 376, I.P.C. and was sentenced to undergo R.I. for 10 years and to pay a fine of Rs. 1,000.00 and in default of payment of fine, to further undergo R.I. for one year vide order dated 2-4-1998.

(2.) The prosecution case in brief is that on 25-1-1997, Baldev Raj son of Petu Ram of village Bakarpur who is Teacher in Adarsh Public School, Khanpur Lobana, after attending the school, went to his relations in Nawan Shahar in District Yamuna Nagar. From there, he returned to his school on the morning of 27-1-1997. He did not go to his village during this period. After attending his school, he returned to his village Bakarpur on 27-1-1997 at about 4 p.m. His wife Meena told him that on 25-1-1997, at about 4 p.m., when their daughter-Vandana was playing in the street, Nirmal Kumar alias Kaka-accused took her to his residence. She further told him that when Vandana came back, she was found weeping. Since she did not stop weeping, she took her to a doctor. The doctor gave her medicine. She further told him that on 26-1-1997, she again took her to the doctor and got medicine. She further told him that when on 27-1-1997 morning, she was changing the clothes of Vandana, she found her vagina in a very bad shape and she kept her hand on her vagina. She further told him that she enquired her about the person who had committed foul play with her and she gave out that it was Nirmal Kumar alias Kaka who had committed rape on her. On 27-1-1997 at about 8.30 p.m., Baldev Raj (P.W. 6) took his daughter Vandana to Police Station, Naraingarh and got F.I.R. No. 34, dated 27-1-1997 under S.376, I.P.C. registered at Police Station, Naraingarh. The police along with him took Vandana to Civil Hospital, Naraingarh for medical examination. Vandana was medically examined by Dr. Shanta Gupta on 27-1-1997 at 9.35 p.m. On examination, she found congestion and inflammation of both labia majora and labia minora, redness on inner side of labia minora and vaginal mucosa. There was slight discharge from the vaginal opening. Hymen was intact. The doctor took swabs from that discharge. She handed over two vials containing vaginal swabs, sealed in a packet bearing two seals. She was of the opinion that Vandana had not been subjected to sexual intercourse. According to her, congestion and inflammation of both labia minora and labia majora and redness in the inner side of labia minora and vaginal mucosa is possible if a person attempts to rape the victim.

(3.) Dr. A.K. Gupta, Medical Officer, Civil Hospital, Naraingarh medically examined Nirmal Kumar alias Kaka on 28-1-1997 and found that he was capable of sexual intercourse. On examination of genitalia, penis, scrotum and testes, he was of this opinion. He did not find any injury on his genitalia. No discharge was present. He took into possession the underwear Ex. P1 which the accused was wearing at that time. The doctor made that underwear into a sealed parcel and handed it over to the police.