DHARAMPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Dharampal appellant has challenged his conviction under Sec. 376, Indian Penal Code, and sentence to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,000.00, or in default to undergo further rigorous imprisonment for three months, awarded by the learned Additional Sessions Judge, Kamal, vide judgment and order dated Oct. 18, 1988, by filing the present appeal.

(2.) The case of the prosecution is that the appellant committed rape on Sunita prosecutrix, a girl of 7/8 years, on Aug. 19, 1987 at about 2 P.M. while she was taking bath at the water tap situated outside the abadi deh of village Bhinswal, Tehsil and District Panipat, while her mother Smt. Bala Devi (P.W.3) went to cut grass in the fields nearby. On the cries being raised by the prosecutrix, her mother Smt. Bala Devi and Hakam Singh, Sarpanch (P.W.5) were attracted to the spot. The accused was caught red handed while committing rape upon Sunita prosecutrix. The accused as well as the prosecutrix were taken to the Police Station, Panipat, for reporting the matter to the Police. A.S.I. Randhir Singh (P.W.9), however, met them on the way. Smt. Bala Devi then made her statement before A.S.I. Randhir Singh (Ex. PD), on the basis of which formal first information report was registered against the accused.

(3.) Both the accused as well as the prosecutrix were got medico-legally examined by the doctors of Civil Hospital, Panipat. Dr. R.K. Aneja (P.W.1), who had medically examined the accused Dharam Pal, found him fit to perform sexual intercourse. He was also found to have consumed liquor. His underwear, Pyjama, Kurta and Banian were found to be stained with blood. The doctor took a sample of his public hair. Swabs from the penis of the accused were also taken and sealed in two glass tubes. Samples of blood and urine of the accused were also taken and sealed in different packets. Dr. Rosy Aneja (P.W.8) had medico-legally examined the prosecutrix. This doctor found that there were multiple bloodstains over the thighs and both legal of the prosecutrix. There were multiple lacerations and tearing of soft tissues over the inner side of both libia minora and lateal vaginal wall. The posterior commissure was found torn and the anal sphincter was found badly tom interiorly. Fresh bleeding was present in the wounds. Dr. Rosy Aneja also took swabs from the vagina and two slides were prepared and were sealed in a box. The knickers worn by the prosecutrix was found bloodstained and the same was also duly sealed in a packet.