MANOJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant Manoj has preferred the present appeal against the judgment and order dated 01.12.2007 passed by the Addl.Sessions Judge, Panipat, vide which he has been convicted and sentenced to undergo imprisonment for life under Sec. 376(2)(f) Indian Penal Code and rigorous imprisonment for a period of six months under Sec. 342 Penal Code. Both the sentences were ordered to run concurrently.

(2.) Brief facts of the prosecution case are that FIR has been registered on the statement of Ram Charan, father of the prosecutrix. As per prosecution version, on 18.03.2007, prosecutrix, aged about 31/2 years, was playing in the street. Complainant alongwith his wife was on the roof of top room of the rented house. After 10-15 minutes at about 5:00/5:30 p.m., when the complainant came in the street, he heard the voice of weeping of his daughter from the house of accused Manoj. He alongwith his wife rushed to the house of accused and opened the gate by pushing it and went inside and saw the accused in naked condition committing rape upon his daughter prosecutrix, who was not wearing underwear. On seeing the complainant, accused ran away. The statement of complainant was recorded on the same day at about 7:15 p.m. by ASI Wazir Singh and ruqa was sent to the police station on the basis of which FIR was registered.

(3.) Prosecutrix was taken to Civil Hospital, Panipat to get her medico legally examined. PW2 Dr.Archana, Medical Officer, General Hospital, Panipat, medico legally examined the prosecutrix on 18.03.2007 and found that she was conscious but was very uncooperative. She was apprehensive and crying a lot. Her pulse was 86 pm. Secondary sexual characters were not developed. On further examination, one red abrasion was found over her right fore arm upper part of the size 3 x 0.1 cm. Said injury was caused within probable duration of six hours. No other external injury was seen. On local examination, bleeding stains were found present over genital area around both the thighs. Fresh bleeding from vagina was also present. A vaginal tear was there extending from 4 O'clock to 8 O'clock position. As the female child was very much uncooperative, she did not allow further examination, therefore, she was referred to PGIMS, Rohtak for examination under anesthesia. PW6 Dr. Nymphaea, Senior resident, PGIMS, Rohtak, who medico legally examined the prosecutrix under anesthesia, on local examination found that hymen was ruptured and congestion was present on the margins of ruptured hymen. First degree perineal tear was present. There was no active bleeding slough was found. Vaginal swabs was taken and sent for chemical examination.