MAHENDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 21.08.2010 and order of sentence dated 23.08.2010 passed by additional Sessions Judge, Palwal, whereby appellants were found guilty of commission of offences under Section 342/376 (2) (g) IPC and were sentenced to undergo rigorous imprisonment for one year along with fine of Rs.500/ - each (3 months in default of payment of fine) and rigorous imprisonment for 10 years and fine of Rs.10,000/ - (RI for 2 1/2 years in the event of default of payment of fine) under Section 376 (2) (g) IPC respectively. According to prosecution case prosecutrix Sham daughter of Dharam Singh Caste Carpainter got her statement recorded on 11.06.2008, the contents of which on being translated run an under: -

(2.) AFTER registration of the case, the accused were arrested. Victim as well as the accused were medically examined. Statement of witnesses were recorded under Section 161 Cr.P.C and after completion of the investigation, challan was presented in Court. After framing of charges the case was put up for trial.

(3.) BEFORE adverting to the merits of the case, it is necessary to have a glance over material evidence collected by the police during the course of investigation. In MLR, Ex.PF no external mark of injury was found on the person of the prosecutrix. Injury No.1 was advised for X -ray and for age of the prosecutrix. She was referred to B.K Hospital, Palwal. Vaginal swabs were taken by Doctor and accordingly sent to FSL. On being referred for age determination, the dental age of the prosecutrix was found to be approximately 16 years as per Report Ex. PK/1 submitted by Dental and Surgeon Government Hospital, Palwal.