SHIV KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) SHIV Kumar, son of Faqir Chand, aged 17 years, Student, resident of village Badshahpur, Tehsil and District Gurgaon, stands convicted and sentenced under Section 376 of the Indian Penal Code, to undergo rigorous imprisonment for seven years, for committing rape on Babita, aged 9 years.

(2.) SHORN of all the details, the prosecution story is that on April 14, 1980, the parents of Babita prosecutrix had gone to Delhi. The prosecutrix and her elder sister Sneh Lata were at home. The appellant was doing tailoring work at his house. None else was present in the house. At about 6. p.m. Babita was playing in the chowk of the house of Faqir Chand, father of the appellant. Finding an opportunity, the appellant took her to the room where he was doing the tailoring work. He removed her knicker and put his penis into her vagina and pressed the prosecutrix against himself. When he started crying out of pain he left her. The prosecutrix came out of the room crying hearing which her sister Saneh Lata came there. The prosecutrix narrated her tale of woe to her sister and Adeshwar Parshad. Meanwhile, the appellant slipped away. Saneh Lata brought the prosecutrix to their house. After sometime their mother Kamla Devi reached back home from Delhi, but their father who it seems, had to gone there in the company of his wife, however, on April 16, 1981 at night. He was apprised of what had happened, but even then the matter was not reported to the police for fear of disgrace.

(3.) LADY Dr. (Miss) Neeraja P.W. 2 Hindu Rao Hospital Delhi examined the prosecutrix on April 18, 1980, at 1.30 a.m. and found that vagina was bleeding, hymen was turned and clots and blood were present in vagina. She further found that there was an irregular tear extending from hymen to vagina fornix on medio lateral wall of vagina on right side. There was small medial tear of posterior vaginal wall, near force. Vainna was full of clots of blood. Piece of tissue was removed from vagina. She further observed that the prosecutrix was looking ill. Pulse was a 100 p.m. and pailor was present. She did not rule out the possibility of the insertion of the penis into the Prosecutrix.