PARSHU RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellant and his co -accused Om Parkash were convicted under Section 376 of the Indian Penal Code and awarded sentence to undergo rigorous imprisonment for 10 years and to pay fine of Rs. 10,000/ - each, in default of payment of fine to further undergo rigorous imprisonment for six months.

(2.) THE facts of the case briefly stated and as emerging during trial are that on 26.02.2008, the prosecutrix 12 years old child studying in 3rd standard in Government Primary School came home after attending the school. The family of prosecutrix belongs to Bihar and they were staying in one room of the building where many other tenants were residing in different rooms. The prosecutrix was residing in the rented room with her elder sister and parents. Father of prosecutrix is a rickshaw puller. Her mother and sister go to work in a factory from 9.00 am to 7/8.00 pm.

(3.) PW 6 Dr. Surinder Pal Kaur conducted medico -legal examination of the prosecutrix on 27.02.2008 at about 12.45 pm. The doctor stated that the prosecutrix was brought before her with the history of rape and also head injury by fall, though there was no visible bleeding from the head at that time. The doctor stated that on external examination of local area there were small abrasions in the pelvic area. No bleeding externally. Her secondary sex characters were not well developed. On local examination, there was localised pain in the vagina and bleeding from the vagina was ++. Per vaginal examination OS admitted two fingers easily. Perfuse bleeding was present. Hymen was torn. Three vaginal swabs were taken and sent for examination. The doctor ordered three investigations, urine for pregnancy test, X -ray for age verification and Ultra Sonography of Pelvic area.