SUNEEL KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) Appellant-Suneel Kumar alias Sony has been tried, convicted and sentenced for an offence under Section 376 of the Indian Penal Code by the learned Additional Sessions Judge (I), Hamirpur vide judgment dated 27-9-2003, delivered in Sessions Case No. 20/2000 (RBT No. 6/2002). He is aggrieved by the said Judgment and has, therefore, preferred this appeal.

(2.) Prosecution's case as per record of the trial Court may be summed up thus. The prosecutrix, at the relevant time was a minor aged about eight years, she is of low I.Q., she resided with her mother and grandmother in a village falling within the jurisdiction of Police Station, Barsar of District Hamirpur. Her father was employed at some shop at Delhi. On 13-10-1999 her mother and grand-mother had gone to the fields for doing some agricultural work. Around 3.00 or 4.00 p.m. when her grand-mother returned, she saw the prosecutrix in the cattle shed adjacent to her house. The appellant, who was then aged about 19 years, was also there. On seeing the grand-mother of the prosecutrix, the appellant ran away from the spot. The prosecutrix was crying. Her grandmother went to her and saw that she was bleeding from her private parts. She (the grand-mother) went to the fields to inform the mother of the prosecutrix. The mother of the prosecutrix tried to contact her husband at Delhi telephonically on 14-10-1999 but could not succeed, as he was not at the shop at that time. Thereafter a brother of the father of the prosecutrix informed her father telephonically. He came to the village probably on 17-10-1999. The incident was narrated to him by his mother and wife. Next day the prosecutrix was taken to Hamirpur by her father, where a type written complaint was submitted to the Superintendent of Police, Hamirpur. The Superintendent of Police directed the father of the prosecutrix to go to Police Station, Barsar. The Superintendent of Police also deputed a constable, with him (the father of the prosecutrix). At the Police Station, on the basis of the aforesaid type written complaint, a case was registered, under Section 376 of the Indian Penal Code,

(3.) The police investigated the case. During the course of the investigation, it was found that the mother of the appellant, on coming to know that the appellant had committed a heinous crime, washed the salwar of the prosecutrix. The police took into possession that salwar. The prosecutrix was not medically examined. The doctor in the course of such examination found that the hymen of the prosecutrix was torn. Also a small linear laceration posteriorly extending towards fourchette, not yet healed completely, had also been noticed. Slide of vaginal smear was prepared. The said slide and the salwar and the shirt of the prosecutrix were sent to the Chemical Examiner, who found blood-stains on the same. The appellant was also got medically examined. He was found to be capable of performing sexual intercourse.