KARAMVIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) KARAMVIR son of Prithvi was convicted by learned Additional Sessions Judge, Karnal vide impugned judgment dated 5.9.1990 under section 376 IPC and has been sentenced to undergo RI for seven years and to pay a fine of Rs. 500/-, in default of payment of fine to further undergo RI for two months.

(2.) THE occurrence is of the year 1989. Kumari Veena is the prosecutrix in this case. On the date of incident, she was of the age of nine years. She on 6.8.1989 at about 6 PM had gone in the area of Karan Tale Karnal to have a swing in the Jhoola there alongwith Shashi and Osian. Shashi was of the age of six years and Osian was of the age of four years at that time. When all the three children did not return, Nanak Chand father of Veena went for the search alongwith his wife Pushpa and his sister Shakuntla mother of Shashi and Osian and when they reached near the gate of Ram Lila ground at about 9 PM, all the three children were found coming weeping. On inquiry Veena disclosed that Karam Vir son of Prithvi who was their neighbour, in fact, had taken all the them at Ram Lila ground by giving them an allurement of eatables and there he forcibly had sexual intercourse with her (Veena) after removing her underwear. Nanak Chand then went to the police post Sadar Bazar Karnal alongwith Kumari Veena and made his statement Ex. PFF before SI Narpat Singh PW8. Thereafter on the basis of the endorsement made by SI Narpat Singh, the formal FIR Ex. PFF/1 was registered in the Police Station City Karnal by ASI Sitar Singh PW7. Kumari Veena was examined by Dr. Veena Katyal PW1 on 7.8.1989 and the doctor found that hymen was lacerated having radiate tears and the margins of the said tears were swollen. They were red and were bleeding on touch. One finger could be inserted in the vagina under anesthesia. Ex. PB is the report. Karam Vir was also examined on 6.8.89 itself as he was arrested on the same day and Dr. Anil Sharma PW2 found certain injuries on his person and he gave the opinion that there was nothing to suggest that he was not capable of performing sexual intercourse. Ex.PD is the report in this respect.

(3.) REPORT of Forensic Science Laboratory, Madhuban Ex. PN revealed that the underwear and frock of the prosecutrix were having brownish stains at places and certain brownish smears were also noticed on the vaginal slides.