RADHYA SHAM Vs. STATE OF J AND K

JUDGEMENT

(1.) The appellant was tried and convicted for an offence under Sec. 376 R.P.C. and sentenced to suffer rigorous imprisonment for five years and to pay a fine of Rs. 1000/-. In default of payment of fine the appellant was directed to further undergo rigorous imprisonment for six months. The fine, it was directed, when realised, be paid to the prosecutrix Mst. Darshno Devi.

(2.) In brief, the prosecution case is that on 14-4-1980, at about 11.30 a.m. while the prosecutrix Mst. Darshna Devi, then aged between 9-10 years, had gone to the jungle for grazing the cattle she was confronted by the appellant who had also gone there to graze his cattle. The appellant lifted her and took her to a greed patch of land by the side of a big stone and after undressing her shalwar gagged her mouth and committed rape on her. That she bled from her vagina and her cry attracted to the spot her uncle Bishan Dass PW who was cutting leaves of a mulberry tree nearby. He came to the spot and on seeing him, the appellant ran away. The prosecutrix was in a dazed state and her uncle lifted her and took her to her home where she narrated the incident to her mother also. She was later on removed to the District Hospital, Udhampur and medically examined. At the time when she was examined by the gynaecologist in the District Hospital Udhampur Dr. Uma Sharma, she was semi-conscious and was bleeding per vagina. There was a lacerated wound of one inch dimension in the posterior vaginal wall and the tear had to be stiched. There had been so much loss of blood that she had to be given one pint of blood and one pint of glucose 5% along with the antibiotics. The vaginal smear was taken and sent for examination to the chemical examiner. She remained in the hospital from 14th to 26th April, 1980 when she was discharged.

(3.) At the time when the prosecutrix was brought home by her uncle Bishan Dass, PW, her father Shanker Dass was not at home. He had gone to a nearby village to' witness a wrestling match. A message was sent to him and he rushed home and found the prosecutrix in an unconscious state with blood oozing from her vagina. She was lifted in a palanquin and taken to village Jaganoo on the main road. It was dark at that time and a special bus was hired to remove the prosecutrix to district hospital at Udhampur where she was admitted as an indoor-patient. At 11 p.m. on the same day i.e., 14th April, 1980, the father of the prosecutrix lodged first information report No. 37 of 1980 at police Station, Ramnagar. The police after the lodging of the FIR swung into action and the investigation was started in the right earnest. The police rushed to the spot and prepared site plan Ex.PW/SS and vide seizure memo, Ex.PG, blood stained earth was also lifted from the place of occurrence which was also sent to the chemical examiner for analysis. The police after completion of the investigation filed a challan against the appellant on 11-9-1980. The case was committed to the Court of Session where the appellant was tried and convicted as noticed above.