DHARAM PAL Vs. STATE

JUDGEMENT

(1.) This is an appeal against the judgment and order of the learned Additional Sessions Judge, Kangra at Dharamsala, whereby he has convicted Dharampal aged 17 years. under Section 376 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for six months and to pay a fine of Rs. 200/-, in default to undergo further rigorous imprisonment for one month.

(2.) The prosecution case may briefly be stated. On 2nd November, 1968 at about 5.00 P.M. Kumari Ishro aged 10 years, who is the daughter of Munshi Ram of village Chhatrer, Tehsil Hamirpur was sent by her father to get grinded wheat at the flour machine of village Toni. The girl returned with a small bag of flour and when she reached the field of one Devi Singh, Dharampal accused had been waiting to meet her. He gave her a push, untied the string of her Salwar and criminally assaulted her. It is stated that when the girl started crying, her mouth was attempted to be gagged by her Dopatta. The penetration had taken place and the girl started bleeding. Her cries were heard by Sant Ram and Durga Dass who happened to pass by that place. Sant Ram could see the accused running away towards the village Toni. On reaching the place of occurrence, the witnesses found the girl lying naked and she was weeping. On enquiry she narrated the incident to them. Thereafter, Sant Ram informed the father of the girl, Mushi Ram, who came to the spot. He also found the girl with the Salwar near her feet which she was made to wear. The Salwar also got blood-stained. The girl was brought back to the house. It had grown dark and the distance for the Police Station was about eleven miles. Thereafter, on the next day, i.e., on 3rd November, 1968, the father brought the girl to the Police Station and the First Information Report was instituted. The police, as usual, sent the girl for medical examination to the Primary Health Centre at Hamirpur. The Lady Doctor S- Sharma could not examine her on 3rd November, 1968 because she herself was not feeling well. Ac-cordingly, on 4th November, 1968, the girl was medically examined. The accused was also arrested and he was produced before Dr. M. N. Bannerji who medically examined him. No injury was found on his private parts. However, a mark of abrasion was noticed over Ms abdomen. The pyjama which the accused was wearing was subsequently recovered and it was found blood-stained. Similarly, the Salwar was also found blood-stained and the report of the Sexologist was also obtained to that effect. In this manner the accused was indicted for the offence of rape under Section 376 of the Indian Penal Code.

(3.) The prosecution produced eleven witnesses including Kumari Ishro. Sant Ram eye-witness and Munshl Ram the father of the girl. Besides them the Lady Doctor S. Sharma and Dr. M. N. Bannerii were also examined. The other witnesses were witnesses of the recovery or some police officials including the Investigating Officer.