PUNA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been preferred on behalf of the appellant Puna Ram being aggrieved of the judgment dated 16.2.2009 passed by the learned Additional Sessions Judge (Fast Track), Abu Road in Sessions Case No. 71/2008 convicting the appellant for the offence under Sec. 376 IPC and sentencing him to ten years rigorous imprisonment and a fine of Rs. 2,000/ - and in default of payment of fine, to further undergo six months additional rigorous imprisonment.

(2.) Succinctly stated the facts necessary and relevant for disposal of the instant appeal are noted herein below.

(3.) Complainant Heema Ram r/o Patumbari filed a written report at P.S. Sarupganj on 14.8.2008 at 12:30 PM alleging inter alia that he was informed that his niece Mst.P (hereinafter called, 'the victim') had been subjected to rape by Puna Ram, the appellant herein. He made inquiries from his wife and the victim's mother who told him that the girl had been sexually ravished and was bleeding excessively and her clothes were stained with blood. He pacified the victim and talked to her on which, she told him that earlier in the day, he left the soap bar at the well Bhadarwa Arath after taking bath. His wife asked the victim to retrieve the soap bar. When she was proceeding towards the well, the accused Punia accosted her and subjected her to rape. The first informant gave a telephonic call to the police station. A constable was sent to the village and the report was handed over to him. On the basis of the aforesaid report, an FIR No. 145/2008 was registered at the Police Station Sarupganj for the offence under Sec. 376 IPC and investigation commenced. The accused appellant was arrested on 15.8.2008 and was medically examined. The medical officer reported that the appellant was fit and capable of performing sexual intercourse. However, no injury was noticed anywhere on his body including his private parts. The site inspection plan was prepared and a blood stained handkerchief alleged to have been used for cleaning the blood after the act of rape was seized from the scene of occurrence. Blood stained soil and stones were also collected from the scene of occurrence. The victim's blood stained clothes were also seized. School record pertaining to date of birth of victim was collected as per which, the victim was aged between 9 -10 years on the date of occurrence. The victim was subjected to medical examination by a medical board which gave a report to the effect that the victim was not having any injury on her body except on the private parts. On gynecological examination, the medical board did not notice any injury on the thighs, abdomen, breasts or vulva of the victim. No injury was seen on labia, majora and minora. The victim was non -cooperative on which the examination was done under general anesthesia. A tear was seen on her hymen on the lateral side with red margins and bleeding was also present on touch. The vagina of the victim was having a tear measuring 6cm x 1cm x 1cm which was bleeding. The board reserved its opinion regarding rape for receiving FSL report. The FSL report was received on 21.8.2008 as per which, the human semen was detected in the underwear of the accused. The other exhibits did not test positive for presence of human semen.