STATE OF HARYANA Vs. BIHARI LAL

JUDGEMENT

(1.) STATE of Haryana is aggrieved by the judgment dated 25.3.1994 passed by the Sessions Judge, Sirsa acquitting Bihari Lal respondent of charges under Sections 376 and 452 I.P.C.

(2.) ON the night intervening 8/9-10-1991 Girdawari PW6, who was married to Ram Narain son of Harji Ram resident of village Jhuthi Khera for the last bout 14 years, was sleeping along with her children in the courtyard of her house. Her daughter Suman, who was aged 5 years, was sleeping by her side on a separate cot. Her mother-in-law Meeran Devi and sister-in-law Rajo were sleeping inside a kotha. At that time, her husband was away to Dabwali where he was employed and her father-in-law was sleeping in a kotha where the cattle were tethered. At about 12/12.30 a.m., on hearing a sound, she woke up and saw a person going outside from the room which had no shutter. She also heard the sobbing voice of Suman PW7. She had switched on the light in the court-yard of her house and found that the clothes of Suman were stained with blood and blood was coming out of her vagina also and there were marks of teeth bites on her cheeks. Suman was sobbing while in an unconscious condition. She had woken up her mother-in-law named Moeran Devi, who had woken up her own husband and on hearing their alarm a number of neighbourers had also assembled. She did not move Suman to the hospital because her husband was not in the house and as also on account of the fact that there was no conveyance available. Ram Narain came back in the morning from Dabwali and to him she narrated the entire incident. After arranging for a conveyance, the husband and wife removed Suman to the Hospital. On receipt of memo, from the General Hospital, Sirsa, Siri Bhagwan ASI PW11 along with other police officials reached the General Hospital, Sirsa. On 10.10.1991 at 12.30 A.M. he moved an application Ex.PB, on which, the doctor opined that Suman is unfit to make a statement. Thereafter, at 11.00 A.M. the doctor again opined that Suman is unfit to make a statement. At 12.15 P.M. on 10.10.1991 the A.S.I. recorded the statement Ex.PG/1 of Girdawari who had thumb marked the same after it was read over to her. On the basis of the statement, formal FIR Ex.PG was recorded by M.H.C. Om Parkash. On 15.10.1991 the doctor gave a opinion that Suman is fit to make a statement and thereupon the Investigating Officer had recorded the same without any addition or omission. Siri Bhagwan A.S.I. searched of the respondent, who was arrested on 19.10.1991 and interrogated by the police. During investigation, he made a statement that he had kept concealed pyjama, shirt and one gudra in his residential house and could get the same recovered. The statement was reduced into writing and after it had been signed by the respondent and Bhanwar Singh H.C., the respondent had got recovered one shirt, one pyjama and one gudra in pursuance of his disclosure statement. These articles were taken into possession and separately sealed as per memo Ex.PL/1, which was attested by Bhanwar Singh HC and Shiv Kumar. He also prepared rough site plan Ex.PL/2 of the place of recovery and on return to the police station, deposited the case property with the M.H.C. On 10.10.1991, he had inspected the spot, prepared the rough site plan Ex./PM of the place of occurrence and got possession of a sealed parcel containing the clothes and vaginal swabs of Suman for being examined as per memo Ex.PN. On 9.10.1991, Suman was got examined by Dr. Shakuntla Chaudhary PW2, who had found the following injuries on her person :-

(3.) ON going through the papers sent up for trial, the Illaqa Magistrate committed the case to the Court of Sessions.