RAMBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vide order dated 5/6-11-97, Rambir accused was convicted by Additional Sessions Judge, Rohtak in case FIR No. 387 dated 24-11-96 (Sessions case No. 41 of 1997) under S. 376 of the Indian Penal Code, and was sentenced to undergo RI for 8 years and to pay fine of Rs. 4,000.00, in default of payment of fine to undergo further RI for 3 years.

(2.) The prosecution case in brief is that on24-11-96. Smt. Sushila PW. 10 went to the gitwar at about 2-3 p.m. for bringing dung cakes. She heard the cries of a girl. When she went there, she noticed Rambir accused committing sexual intercourse with Manju d/o Jasvir. (It may be mentioned here that Jasvir is younger brother of Sushila's husband). She raised raula, Rohtash and Samunder came there. They tried to nab Rambir accused. He slipped away from them. Manju was in bad shape. Her private parts were bleeding. Sushila told everything to her husband and Jasbir. She got FIR Ex. PH registered under S. 376, IPC at PS Jhajjar. Manju was medically examined by Dr. Kul Pratibha Medical Officer, CHC, Jhajjar and she found the following :-"On external genital examination, there is lacerated wound 2x2 cm at the Apex of perineum at 5 'O Clock position. Bleeding present. On internal genital examination, labia majora completely covering labia minora. On P. V. examination, admits one finger easily, hymen ruptured, posterior commissure is intact.

(3.) She took off Salwar and kameej worn by her, initialled/signed them, she made them into a sealed parcel. She took vaginal swabs and put them in a bottle which was sealed. Ossification test was performed on her by Dr. M. K. Bishnoi (PW. 2), SMO, General Hospital, Rohtak. As a result of ossification test, she was found below 9 years. Accused was medically examined by Dr. Raj Karan on 27-11-96 at 5 p.m. He did not find anything which could suggest that he was incapable of sexual intercourse. In the school record. Manju was shown to have been born on 15-4-85. Vaginal swabs, salwar and kameej were sent to the chemical examiner. Blood was detected on salwar. No semen could be detected on salwar. Lady Shirt was found stained with numerous small blood stains in the lower region, no semen could, however, be detected. Blood was detected on vaginal swab, no semen was, however, detected. Similarly, pyjama, shirt and underwear of the accused were sent to the chemical examiner. Pyjama was found stained with a few small blood stains in the inner back region. Semen was also detected on pyjama, shirt was stained with numerous small blood stains especially on its front region and left sleeve. Semen could not be detected on shirt. Underwear was found stained with a few small blood stains in the inner lower region. However, semen could not be detected on underwear.