MOOL RAJ Vs. STATE

JUDGEMENT

(1.) The complainant on 10.09.2000 lodged a verbal report with Police Station Doda, alleging that on 07.09.2000 at 11 A.M., his daughter -- accompanying the complainant to police station, was over-powered by the appellant in a local field and subjected to rape. The complainant further alleged that people attracted to the scene of occurrence by hue and cry, raised by the victim, found the victim lying in a pool of blood and were informed by her that she was raped by the appellant, hiding in the maize field, when she carried cow-dung to her field. The complainant explained the delay in lodging FIR, stating that the victim because of the criminal assault, was in painful condition and could not move out of her house till 10.09.2000 when she accompanied her father, to the Police Station,

(2.) The report prompted Police Station, Doda to register case FIR No.115/2000 under section 376 RPC. The investigation was entrusted to Shri Om Parkash, ASI, Police Station, Doda. The Investigating Officer immediately after the investigation was taken over, referred the victim to local hospital for medical examination, seized the stained cloths of the victim, referred the seized cloths to Forensic Science Laboratory (FSL), Jammu for examination and recorded statements of the victim and other witnesses. The Investigating Officer also referred the appellant, arrested soon after the case FIR No. 115/2000 registered, to the doctor so as to find out whether the appellant was physically fit to indulge in sexual intercourse. The reports from the Medical Officer who examined the victim and the appellant were obtained and so was the report from FSL, Jammu.

(3.) The Investigating Officer on conclusion of the investigation found commission of offence punishable under section 376 RPC prima facie proved against the appellant. The investigation was accordingly concluded as proved and charge sheet presented against the appellant in the competent court on 10.11.2000. The case, being one exclusively triable by the Court of Sessions, was committed to the Court of Sessions (Additional Sessions Judge, Doda on 24.11.2000.