TARLOCHAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a criminal appeal filed by Tarlochan Singh and has been directed against the judgment dated 29.8.1995 and order dated 30.8.1995, passed by the court of Addl. Sessions Judge, Ambala, who convicted the appellants u/s 376(2)(f), IPC, and sentenced him to undergo R.I. for a period of 10 years.

(2.) THE case of the prosecution has emerged from the statement, Ex. PK, given by Surinder Kaur w/o Hakam Singh, resident of village Dhakola, Police Station Mullana, which reads as under :-

(3.) AFTER that Pala Ram, ASI, who was the Incharge of the Police Post, Saha, along with a Head Constable and a Constable, reached the spot. He sent the prosecutrix with her mother and HC Rai Singh with a request Ex. PB, to the hospital for medical examination. HC Rai Singh along with the prosecutrix and her mother first went to Civil Hospital, Mullana. However, no lady doctor was available there. He, then, proceeded to Civil Hospital, Barara, where, again, no lady doctor was available. He, then took the prosecutrix to the Civil Hospital, Ambala Cantt. but there the lady doctor refused to examine her on the plea that the area did not fall within the jurisdiction of Civil Hospital, Ambala Cantt. Then, the Head Constable took the prosecutrix to Civil Hospital, Ambala city, where she was medically examined by Dr. Kusam Garg, Medical Officer, on the directions of the Chief Medical Officer. After examination one sealed small container containing vaginal swabs, one sealed envelope addressed to F.S.L. and sample seal used to seal the packets and the container was also handed over to the police and the same was taken into possession vide memo. Ex.PG.