NARESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant Naresh was tried in the Court of Additional Sessions Judge-cumSpecial Judge, Bhiwani under Section 376 of Indian Penal Code read with Section 3(2) (v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act. 1989 (for short to be referred as the Act 1989) for committing rape on Kumari Sunita, aged about 12 years on 15-2-1993 at 11.00 A.M. in the field of Munshi, situated within the limits of village Riwasa Police Station Tosham in the District of Bhiwani. The learned Additional Sessions Judge has convicted Naresh for the offence of rape punishable under Section 376 of Indian Penal Code read with Section 3(2)(v) of the Act 1989 and sentenced to suffer imprisonment for life and to pay a fine of Rs. 1.000/- and in default of payment of fine to undergo rigorous imprisonment for six months.

(2.) The case of the prosecution, in short, is as under: Kumari Sunita daughter of Chander Bhan, Dhanak, aged about 12 years. Resident of village Riwasa had gone to fields on 15-2-1993 to bring grass. She was accompanied by her younger sister Kumari Vinod, aged about 7 years. At about 11.00 A.M, appellant Naresh caught hold of Sunita and took her to a nearby Kacha Nala, Naresh had earlier slapped Kumari Vinod at her face and told her to go to her house. Supita was made to lie on ground and after breaking the string of the salwar and removing it Naresh committed rape on her who cried and shouted for help. The cries of Sunita attracted her father Chander Bhan Dhanak and sister-in-law Smt. Bimla wife of Hawa Singh to the place of occurrence. On hearing the voices of Chander Bhan and Smt. Bimla. Naresh stood up and seeing them he ran away from the place of occurrence. Sunita was brought home by her father and sister- in-law Smt, Bimla. This occurrence was then disclosed to the village people. Sunita was taken by her father Chander Bhan and sister-in-law Smt. Bimla to the police station for lodging the report when the police party headed by ASI Partap Singh met them at Hansi Chowk: Tosham. The statement of Sunita was recorded at 4.50 P.M. and sent for registration of a formal FIR with the endorsement of the said ASI. The formal FIR was registered the same day at 5.00 P.M.

(3.) Sunita was sent for medical examination to General Hospital. Bhiwani where Dr. Mrs. Poonam Bawa, Medical Officer (P.W. 1) medically examined her at 8.50 P.M. The prosecutrix Sunita was brought by the Police. Dr. Poonam Bawa found the hymen ruptured having two radial tears in 2O clock and 11O clock. The edges were red and swollen tender and bleeded on touch. Posterior for chette and commissure were found intact. The vaginal swabs were taken from posterior for chette and survial oss and sent for chemical examination. Per vaginum-examination, however, could not be done as the same were very painful. According to the opinion of Doctor Poonam Bawa. Sunita was subjected to forcible sexual intercourse. Some stains could come on the salwar during the forcible sexual intercourse. The salwar Exhibit P1 had been taken out and sent for chemical analysis to Forensic Science Laboratory. Kumari Sunita was referred to the Radiologist for determination of her radiological age. Dr. Jayotsana Sam (P. W. 6), Lecturer. Radiology Department. Medical College. Rohtak got the X-ray of Sunita taken and after persual of the X-ray report and skiagram prepared by Dr. S.K Anand (P. W. 7). Medical Officer, General Hospital. Bhiwani, the age of the prosecutrix was assessed more than 10 years and less than 14 years. The case was investigated by A.S.I. Partap Singh (P.W.ll) who recorded the statement is of the witnesses Chander Bhan. Kumari Vinod and Smt. Bimla. He arrested accused Naresh and got him medicolegally examined at Tosham. Dr. Ram Phal Medical Officer, Civil Hospital. Tosham examined Naresh on 17-2-1993 at 4.00 P.M. The age of Naresh was assessed about 20-22 years. He was a man of normal physical build. All secondary characters of adult male were present. In the opinion of the Doctor nothing was found to suggest that Naresh could not do normal sexual intercourse with a female. The underwear on Naresh was taken and sealed. After completion of investigation, a challan was submitted under Section 173T of Code of Criminal Procedure against the accused for trial under Section 376 of Indian Penal Code read with Section 3(2)(v) of the Act 1989. The trial of accused Naresh took place before the Additional Sessions Judge-cum-Special Judge. Bhiwani who was authorised specially under the Act, 1989 to try the offences under the said Act.