NATHU Vs. STATE

JUDGEMENT

(1.) This is a jail appeal by Nathu alias Nathia, who has been convicted under S. 376, I. P. C. and has been sentenced to rigorous imprisonment for two years and 10 stripes of whipping. The case against the applt. was that, Mt. Jeti, who is a girl of seven years, is the daughter of Udaimal and Mt. Kesar. In the afternoon of 15-8-1949 this girl and Nathu applt. happened to be in the same hut. The applt. caught hold of the girl, and committed rape upon her, causing injury to her private parts. The girl's parents were informed about the incident. The accused made an extra-judicial confession before the President of the local Congress Committee in the morning. Later a report was lodged at the police station. The Sub-Inspector arrived on the spot, and arranged for the medical examination of the girl and the applt. The accused is a boy of about 18 years. He was prosecuted for committing rape upon the girl. He pleaded not guilty. His defence was that, he had been falsely implicated because the girl's father owed the accused some money. The case was tried with the aid of four assessors. They were unanimously of the opinion that the accused was guilty. The learned Ses. J., agreed, and convicted and sentenced the accused as mentioned above. The accused has now filed this appeal from jail.

(2.) The witness examined for the prosecution include Mt. Jeti, her parents and Dr. Saligram. Dr. Saligram found bruises on knees, elbow and back of the accused. Dr. Saligram further found a tear one inch long in the girl's private parts. The hymen was ruptured, and blood was oozing. The dhoti of the accused was Beat to the Chemical Examiner and the serelogist. The Chemical Examiner noticed blood stains on the dhoti. No evidence was produced in defence. The Medical evidence clearly shows that, the girl was raped. In the absence of previous enmity it cannot be believed that the injury was manufactured by the girl's father.

(3.) The question remains whether it has been proved whether the applt. is the person who committed rape. Mt. Jeti's statement is the only direct evidence on the point. She is a girl of seven years. The trial Court was impressed with her demeanour in the witness-box. It is true that, there is no direct evidence of the crime except the girl's statement. But there is some circumstantial evidence. Just after the crime the girl told her parents that the accused had lifted her and had caused her injuries. Although the extra-judicial confession is not specific about commission of rape, there is some admission of having committed a wrongful act. The injuries on the knees and elbows of the accused are an important circumstance. Lastly some blood stains were found on the dhoti of the accused. The circumstantial evidence is sufficient to corroborate the girl's direct evidence. It is to be remembered that the girl is only seven years old. In case of this kind one would not insist on the same amount of corroboration as in a case, in which a grown up woman is alleged to have been raped. I note that, all the four assessors were of the opinion that, the accused is guilty. The accused was rightly convicted under S. 376, I. P. C. The sentence is not severe. The appeal is dismissed.