RAJU Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment/order dated March 15, 1997 and March 18, 1997 respectively passed by the Additional Sessions Judge, Bhiwani whereby the appellant has been convicted under Sections 377/201, I.P.C. He has been sentenced to undergo Rigorous Imprisonment for 10 years and to pay a fine of Rs. 1000/- and in default of payment of fine to further undergo Rigorous Imprisonment for 2 years for the offence under Section 377, I.P.C. and to undergo Rigorous Imprisonment for 3 years and also to pay a fine of Rs. 500/- and in default of payment of fine to further undergo Rigorous Imprisonment for 9 months for the offence under Section 201, I.P.C.

(2.) The facts necessary for the disposal of this appeal, which can be gathered from the record of the trial Court, are that on 9-7-1996, Suman, the prosecutrix, a female child of 9 years, along with her uncle Mehender Singh was grazing buffaloes in the BANI (open land adjacent to the village meant for grazing and resting domestic animals). At about 5.30 P.M. Mahender felt thirsty and went to the village to take water. In the meanwhile the appellant came and dragged the prosecutrix into the nearby bushes and then committed sodomy upon the prosecutrix although the prosecutrix continued crying bitterly. Mahender Singh came back and found the appellant while committing the said sexual assault. On seeing Mahender Singh, the appellant ran away from the spot. Suman was bleeding from her private parts and became unconscious. Mahender Singh lifted Suman in his lap and brought her along with her blood stained 'pajama' to the house. He narrated the incident to his real brother Prithi Singh, father of the prosecutrix. Suman gained consciousness after some time and narrated the incident to her parents. Prithi Singh took his daughter Suman along with blood stained 'pajama' to the Police Station and lodged the First Information Report carbon copy of which is Ex. PD.

(3.) Suman was medically examined by Dr. (Mrs.) Meena Barwar at General Hospital, Bhiwani, on 10-7-1996 at 2 A.M. and prepared her Medico Legal Report (Ex. PA). Two sealed vials containing swabs taken from anal and vagial regions, a sealed packet containing two slides prepered from the fluid available from anal and vaginal regions, a packet containing pink colour 'pajami' and a sample of the seal were handed over to the police which were taken into possession vide memo Ex. PE. On 10-7-1996, S. I. Amar Singh (PW-10) inspected the place of occurrence and lifted blood stained earth from there after converting the same into a sealed parcel vide memo Ex. PK. Rough site plan Ex. PL of the place of occurrence was prepared. The appellant was arrested and was medically examined by Dr. T.C. Tanwar (PW 2) of the General Hospital, Charkhi Dadri who prepared his Medico Legal Report Ex. PC. A sealed parcel containing underwear and pajama of the appellant was handed over to the police which was taken into possession vide memo Ex. PM. The sealed parcels were sent to the office of Chemical Examiner and the reports Ex. PB and Ex. PB/1 were received. After completing the investigation a charge-sheet was filed in the Court.