SURESH CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) ON September 1, 1972, at about 2. 00 p. m. Kumari Usha along with Kumari Krishna, who are both aged about 8 years respectively were returning from their fields to their house at village Babain, district Karnal. The field of Ram Chander father of Suresh Chand appellant fell in the way. From the field of Ram Chander both these girls plucked two-three kachris and ate those. Suresh Chand accused, who happened to be present in his field, caught hold of Kumari Usha and took her inside the chari field. Tha accused pulled away kacha (underwear) worn by Kumari Usha. He undressed himself, threw Kumari Usha on the ground and committed rape on her. In this process the accused bit on her left cheek. The genitalia of Kumari Usha bled and she raised an alarm.

(2.) KUMARI Krishna ran to the village and informed Smt. Darshani Devi, grandmother of Kumari Usha of this incident. Smt. Darshani Devi ran to the field of the accused shouting and saw the accused run away from his chari field. Kurriri Usha came to her grand-mother and after wearing the under-wear narrated the incident. Smt. Darshani Devi brought Kumari Usha to her house where the occurrence was narrated to Smt. Lila Wati, mother of Kumari Usha, Muni Lai, father of Kumari Usha, was in the fields from where he was summoned and informed of this incident. In informing the respectables of the village of this incident, Muni Lai got late. On the following day he started for Police Station, Ladwa, where he met Sub-Inspector Nasib Singh, near the bus-stand, at about 10. 00 A. M. ; on September 2, 1972. Statement Exhibit P. E. of Muni Lai was recorded, on the basis of which formal first information report, Exhibit P. E. /l, was registered at the police station.

(3.) VIDE medico-legal certificate, Exhibit P. A. , Dr. K. Kaushalya, Senior Medical Officer, Karnal, on September 2, 1972, at 4. 00 p. m. found fresh lacerations of four-cbette measuring 1/2 x 1/4 The area was tender and bled on touching. Perineum and hymen were intact. The vaginal orifice was too small and did not even admit of the little finger. An abrasion 1/2"xl/10" on the left side of the cheek, below the left eye, was also noticed. The doctor opined that rape has been committed on Kumari Usha.