SAHOON Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) The prosecution case, initiated on a report lodged by Sattar son of Emrat on 09.02.2014, is that the named accused Sahoon and Eliyas had committed the offence of rape against Sabroona aged about 13 years when she was working at the agricultural field. Accordingly, the first information report was registered for the offence under section 376(2)(G) IPC. Thereafter, the investigation commenced and during the course of it, the statement of the prosecutrix Sabroona was recorded under Sec. 161 Crimial P.C. by the first investigating officer, namely Chandan Dan Bareth on 15.02.2014. The statement of the prosecutrix under section 164 Crimial P.C. was got recorded on 05.03.2014 by investigating officer Rajpal Godara and a statement of the prosecutrix Sabroona under Sec. 161 Crimial P.C. was recorded by Ms. Shahana Khanam on 10.09.2014 wherein the prosecutrix had specifically alleged against the petitioner Sahoon for having committed the offence of rape.

(3.) Apart from it, the investigating agency seized the clothes of the prosecutrix (Salwar) on 09.02.2014 which was having stains of semen and stool. The police had also collected the evidence with regard to date of birth of the prosecutrix which is 30.07.2001 as noted in the record of Government Upper Primary School, Ahalwari, Panchayat Samiti Kaman, District Bharatpur. The medical examination of the prosecutrix had also taken place but no specific opinion was given by the medical jurist. As a matter of fact, samples of semen, blood samples and internal vagina swab were sent to FSL for investigation and opinion.