SAT PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a criminal appeal and has been directed against the judgment dated 2.7.1987 and order dated 4.7.1987 passed by the learned Addl. Sessions Judge, Faridabad, who convicted the appellant Sat Pal of offence u/ss 363/366/376, IPC and sentenced him to undergo R.I. for a period of 7 years and to pay a fine of Rs. 500/- u/s 376 IPC; in default of payment of fine, he was further directed to undergo RI for six months. The appellant was further directed to undergo RI for a period of 3 years and to pay a fine of Rs. 300/- u/s 366, IPC; in default of payment of fine, he was directed to undergo RI for 3 months. He was also sentenced to undergo RI for 2 years u/s 363, IPC and to pay a fine of Rs. 200/-; in default of payment of fine, he was directed to undergo R.I. for two months. The trial Court further held that all the substantive sentences shall run concurrently.

(2.) THE brief facts of the case are that Miss Kamla, prosecutrix daughter of Puran Lal, aged about 9/10, resident of Village Golpiri, Police Station Nuh, District Gurgaon, presently residing at Indra Nagar, Faridabad, at the Jhuggi of her elder brother Tara Chand for the law few years, was a student of 5th class. She was sleeping in the court-yard in front of the Jhuggi of her brother Tara Chand on the night intervening 20/30.3.1987 whereas her brother Tara Chand and his wife Smt. Parwati, PW-10, were sleeping inside the Jhuggi. After midnight, Satpal, appellant, residing in the same locality in Indra Nagar, Faridabad, forcibly lifted Kamla and took her in a nearby Jhuggi belonging to one Hoti Ram, PW-8 which was lying vacant at that time. The appellant made Kamla to lie on the cot where Bichhona and Khes, Ex.P-34 and 4, respectively were already lying and after removing her salwar, Ex. P-1, the Katcha, Ex. P-2, which Kamla was wearing at that time, committed rape upon her and when the prosecutrix cried, the appellant threatened her to kill and after committing the rape, the appellant left the prosecutrix in that Jhuggi and went away. Kamla came weeping to the Jhuggi of her brother Tara Chand at about dawn time and while weeping told the above incident to her brother's wife Parwati. Her brother Tara Chand was also present in the Jhuggi at that time. At about 11.30 am, Parwati and her husband Tara Chand left their Jhugi in order to lodge the report with the police and when they reached at Y.M.C.A. crossing, in the area of Police Station Central Faridabad, Sub Inspector Narender Nath, PW-11, Incharge of Police Post, Sector 7, Faridabad, met them where Parwati made her statement, Ex.PN, before him. SI Narender Nath recorded the police proceedings Ex.PN/1, underneath that statement, Ex.PN, and sent the same to the Police Station, Central, Faridabad, for the registration of the case against the appellant, on the basis of which formal FIR Ex. PN/2 was recorded by Inspector Mahinder Singh, SHO, Police Station Central, Faridabad. The special report was also sent to the Illaqa Magistrate who received the same at 2.30 pm on the same day, i.e. 30.3.1987 vide his endorsement Ex.PN/3. Thereafter, SI Narender Nath deputed a Constable to take Kamla to B.K. Hospital, Faridabad, and Parwati also accompanied them. Kamla was medically examined there at 1.30 PM on 30.3.1987 by Dr. (Mrs.) Neeru Kalra, PW-1, who opined vide MLR, Ex.PA, that hymen of Kamla was fond ruptured and there small tags hanging and blood was coming through the ruptured hymen at the time of medico-legal examination, which showed that rape had been committed upon Kamla. This doctor further opined that Kamla was not more than 13 years of age in any case at that time. This doctor took into possession blood stained Salwar, Ex.P1 and Kachha, Ex.P-2, from the person of Kamla and after turning them into a sealed parcel, handed them over to the police for obtaining the report of the Chemical Examiner. The doctor further opined that introitus of Kamla was tender to touch and one finger could be introduced in the vagina of Kamla with difficulty and she was not having menstruation prior to that date and even on that date. The doctor also prepared swabs from the vagina of Kamla and the same were sealed in a bottle and were handed over the police for obtaining report of the Chemical Examiner. This doctor further referred Kamla to Dental Surgeon for determination of her age.

(3.) THE sealed parcel containing Salwar Ex.P1 and Kachha, Ex.P-2, of the prosecutrix and other sealed parcel containing Bichhona, Ex.P-3, and Khes, Ex.P-4 and another sealed parcel containing Kachha, Ex.P-7 of the accused and another sealed parcel containing swabs taken from the vagina of the prosecutrix were sent to the Chemical Examiner for analysis who vide his reports, Ex. PU and Ex. PU/1, opined that Bichhona, Ex.P-3 and Khes, Ex.P-4, Salwar, Ex.P-1 and Kachha, Ex.P-2 of the prosecutrix were stained with human blood and so were the vaginal swabs, Ex.P-6 and kachha, Ex.P-7, of the accused. The Chemical Examiner further opined that said Bichhona, Khes, Vaginal swabs and Kachha of the accused were all stained with human semen. SI Narender Singh went to the spot and prepared the rough site plan, Ex.PQ of the place of occurrence. He also recorded the statements of the witnesses and after the completion of the investigation of the case, the appellant was challaned in the court of the Illaqa Magistrate, who supplied the copies of the documents to the appellant and vide commitment order dated 6.5.1987, the Addl. CJM committed the appellant to the court of Sessions to face trial u/ss 363/366/376, IPC. Vide orders dated 18.5.1987, the charges were framed against the appellant u/ss 363/366/376, IPC. The charges were read over and explained to the appellant to which the appellant pleaded (not) guilty and claimed trial.