RAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated November 15/17, 1995 passed by the Additional Sessions Judge, Karnal, by which Ram Singh, appellant has been convicted under Section 376 I.P.C. and sentenced to undergo R.I. for a period of 10 years and to pay a fine of Rs. 1,000/- and in default of payment of fine, to further undergo R.I. for six months.

(2.) BRIEFLY stated, the case of the prosecution is that on October 18, 1994, Usha Rani (PW-9), alongwith her three daughters including prosecutrix Lalita was present in her parental home at Karnal, when at about 6.30 P.M., accused Ram Singh, who was earlier known to them, came there and enquired from them about the house of Kanta, wife of Dharam Pal; whereupon Usha Rani asked her daughter Lalita to take the accused to the house of Kanta. Thereafter, Lalita accompanied accused Ram Singh, but as she did not return even after sufficient time, a search was made but no clue as to her whereabouts could be found. After some time, Lachhman Dass, resident of New Bharat Nagar, Karnal, came alongwith complainant's daughter, Lalita- prosecutrix, who at that time was bleeding from her vagina, and he informed that the prosecutrix had been recovered from the garden owned by Pappu Chaudhari. The prosecutrix informed her mother, Usha Rani, PW., the accused Ram Singh had committed rape upon her. Thereafter, Usha Rani alongwith prosecutrix Lalita and Lachhman Dass proceeded towards police station to lodge the report, but on the way, a police party met them and Usha Rani got recorded her statement, Ex. PJ, before S.I. Hari Ram which formed the basis for recording of formal FIR Ex. PJ/1 at police station City Karnal under Section 376 of Indian Penal Code by SI Balwan Singh.

(3.) ON October 20, 1994, SI Hari Ram (PW-12) moved an application, Exhibit PA to Senior Medical Officer, Government General Hospital, Karnal, to get prosecutrix Lalita examined for the purpose of determination of her age. Accordingly, she was examined by Dr. G.S. Arora, Radiologist, Government General Hospital, Karnal (PW-1) who vide his report, exhibit PB opined the age of the prosecutrix between 8 to 10 years. On the same day, Sri Hari Ram moved another application, Exhibit PC, to the Senior Medical Officer, Government General Hospital, Karnal, to get the prosecutrix examined for determination of her age by Dental Surgeon. On examination, Dr. V.K. Sharma, Senior Dental Surgeon, Civil Hospital, Karnal (PW-2), vide his report, Ex. PC/1 opined the age of the prosecutrix to be less than 11 to 12 years.