RAJESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) JUDGMENT dated 13.3.2002 passed by Sessions Judge, Karnal convicting the accused-appellant Rajesh Kumar (hereinafter to be referred as 'the accused') under Section 376 of Indian Penal Code and sentencing him to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 10,000/- under Section 376(2)(F) IPC, has been called in question by way of the instant appeal.

(2.) THE facts inviting the prosecution against the accused and leading to the culmination of the trial as unfolded by complainant Meena, mother of the prosecutrix (name not disclosed) before ASI Bhim Singh, are that out of her four children, prosecutrix aged about 7 years is the eldest one. On 28.12.2000, in the evening she along with the prosecutrix had gone to see the Sandha (Chhuchhak) ceremony of the sister of the accused namely Smt. Simla, who had delivered female child at her matrimonial house. At about 5 p.m. when complainant was busy in seeing the items, the prosecutrix disappeared. In the meantime, Sh. Alla diya, husband of the complainant also arrived there, they could not spot the prosecutrix. In the meantime, on hearing cries of the prosecutrix from inside the bathroom, they saw accused fleeing away after opening the door of the bathroom. At that time, he was closing the zip of his pant and the prosecutrix was lying naked on the floor of the bathroom. Her Nikar was below the knees and she was bleeding from the vagina. On enquiry, the prosecutrix disclosed that the accused had induced her by paying one rupee and took her in the bathroom and put her male organ into her vagina.

(3.) ON receipt of ruqa Ex.PP from CHC Nilokheri, ASI Bhim Singh reached Civil Hospital, Nilokheri and thereafter, in the General Hospital at Karnal and recorded the statement of the complainant which was followed by registration of FIR Ex.PM/1. During investigation Investigating Officer also took into possession the underwear of the prosecutrix and the vaginal slides as handed over to him by the doctor. The prosecutrix remained admitted in the hospital at Karnal from 28.12.2000 to 4.1.2001. Dr. Jyoti Shukla PW2, on the request of police Ex.PF, gave an opinion Ex.PF/1 that possibility of the commission of rape cannot be ruled out. The Investigating Officer also visited the place of occurrence; prepared rough site plan of the place of occurrence Ex.PR; arrested the accused on 28.12.2000; got him medico-legally examined from Civil Hospital, Nilokheri; took the underwear of the accused into possession vide recovery memo Ex.PS. On 13.12.2000, he took into possession one rupee coin Ex.P6 vide recovery memo Ex.PN.