PADAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE applicant Padam Singh has been convicted and sentenced by the learned Additional Sessions Judge, Aimer, as follows ; - (a) Rigorous imprisonment for seven years and a fine of Rs. 100/- or, in default, further rigorous imprisonment for three months, under sections 376 I. P. C. (b) Rigorous imprisonment for one year and a fine of Rs. 100/- or in default, further rigorous imprisonment for three months under section 354 I. P. C. THE two sentences ordered to run concurrently.

(2.) THE case of the prosecution may be shortly stated like this THE appellant is next door neighbour of Narendra Kumar (PW 7 ). Both of them are living at the second floor of the same building in Ajmer. On 17th February 1981 at l. 00 P. M. Narendra Kumar made a written report to police station Clock Tower, Ajmer, complaining that Padam Singh had committed rape on his three year old child, named Kanchan, at about 12 00 Noon that day. He saw the child bleeding. On enquiry, the child is said to have pointed towards Padam Singh as the culprit who had committed the crime. Padam Singh was present in the building at that time. Narendra Kumar took the child and Padam Singh to the police station with the help of PW. 6 Dinesh Kumar and PW 8 Suresh Chandra.

(3.) DURING the trial, the prosecution examined as many as 13 witnesses including Dr. Ramesh Bhargava, Dr. Pushpalata Dr. S. C. Nama, Dinesh Kumar, Suresh Chandra, Narendra Kumar, Shambhoo Dayal and Kanchan. It is important to mention here that the prosecution did not place on the record the report or reports, if any, of the Chemical Examiner, who examined the vaginal swabs of the child taken by Dr. Pushpalata and urethral swab and smears of the appellant taken by Dr. S. C. Nama.