GOPAL KRISHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The prosecution story is that on 18/08/1987 at about 4.00 P. M. Deepika, prosecutrix, whose age was 7 years and was studying in 3rd standard in Tagore Model School, Nawanshahar, left her house. She did not come back for three or four hours. Santosh Kumari (PW-3) complainant, her mother went in search of her. She reached the house of appellant-Gopal Krishan. Santosh Kumari (PW-3) heard the cries of her daughter. She forced herself to go inside the room and saw the appellant wearing only an under shirt and had prosecutrix on his thighs. Santosh Kumari stated before the police that she saw the appellant having intercourse with her daughter. She took her daughter in her own custody. Deepika was unconscious at that time. Blood was oozing out from her private part. Santosh Kumari on getting her daughter back to her house, summoned her husband and took Deepika to Civil Hospital, Nawanshahar.

(2.) Dr. Paramvir Kaur (PW-1) referred the case to the Civil Hospital, Jalandhar, where Deepika, prosecutrix, was examined by Dr. Nageen Dhaliwal (PW-2). She prepared Medico-legal Report Exhibit PC.

(3.) The police had reached the Civil Hospital Nawanshahar, where Chhajju Ram, the Investigating Officer of this case (PW-11) made an application before Dr. Paramvir Kaur (PW-1) to record the statement of Deepika, but the doctor opined that she was unfit to make a statement. The statement of Santosh Kumari (PW-3) was recorded, on the basis of which, a formal First Information Report, Exhibit PE/2 came into existence at 11.10 P.M. Dr. Nageen Dhaliwal, Civil Hospital,Jalandhar (PW-2) medically examined Deepika, prosecutrix and had given her opinion that rape appears to have been committed on the person of the prosecutrix.