CHHOTEY KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Dr. S.S. Bhandawat - The fact, of this appeal are that in the village Kaitnala, Tehsil Alwar, accused Chhotey Khan was cultivating the land belonging to Isardas father of Mst. Sharda PW 1 a girl of 10 years. On 5-3-1974, at about sunset, Mst. Sharda went to her field to collect the leaves of 'Sarson'. The accused Chhotey Khan came over there, threw her on the ground removed her salvar and began to ravish her. After having done so, the accused ran to his house. The victim also went to her house and gave the narration of the occurrence to her mother Mst. Ramabai PW 2. She carried her to the Police Station, Sadar, Alwar, where the F. 1. R. Ex. P. 1 was recorded at 7-40 PM. Mst. Sharda was sent for medical examination. Dr. P.S. Agarwal examined her at 810 PM.

(2.) According to Dr. Agarwal the age of the girl was 10-12 years which was also confirmed by X-ray examination. The learned trial Judge also held that the age of the girl was 10-12 years and that the age of boy was 17 years. Dr. Agarwal had further found that there was no external injury on any part of the body of Mst. Sharda except vulvo vaginal area. Thighs showed blood clots. There was fresh bleeding from the vegina, separation of thighs was painful. The hymen showed fresh tears which were tender. Vaginal examination was conducted through Anaesthesia next day and it revealed a rupture of the posterior vaginal wall, and, presence of blood clots in the vagina. The pathological examination of the vaginal swab and smear did not show any spermatozoa. The Medical Officer was of the view that penetration in the vagina had taken place. The examination of the accused Chhotey Khan disclosed that the glans was clean and there was no smegma present.

(3.) The learned Judge observed that there was no question of sperms and gonococci because the act did not take place for more than a fleeting moment. Methphorically speaking it was a case of touch and go. He used the word touch as synonymous with penetration.