JAGDISH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The Additional Sessions Judge Gangapur City under his judgment dated April 30, 1979 convicted each of the accused-appellants under Sec. 376 Penal Code and each of the accused appellants was sentenced to undergo rigorous imprisonment for five years.

(2.) The case relates to the commission of rape by each of the accused-appellants with Kumari Sua Bai PW. 1 who, at the time when the offence was committed, was aged 7 to 8 years. The case of the prosecution is that on Sept. 1, 1978 at about 12 noon when Miss Sua Bai was grazing her cows, both the accused-persons committed rape on her. A report of the incident was lodged by PW. Gopal and a case was registered. Investigation was set in motion. Dr. Ramesh Bansal PW 5 on Sept 1, 1978 itself examined Kumari Sua Bai and on examining her the doctor opined that she was about 8 to 10 years On examining her private parts, it was found that there was vertical tear 1 cm on posterior commissure of vulva with fresh bleeding. The hymen was ruptured with bleeding. Vagina was red and swallen The examination of private part was painful and vaginal orifice admits only one little finger. The injuries were fresh and caused by blunt object and the injuries were simple in nature. She was wearing dharidar under-wear and a white sari. The under-wear had red stains over front and sari had red stairs (suspected blood). Those were preserved and sealed. The doctor advised X ray and after seeing the X ray plates he was of the opinion that the age of the girl was 8 to 10 years.

(3.) The each of the accused persons was examined by Dr. Bansal and on examining J3gdish, in the opinion of the doctor, he was 16 years of age and was able to perform sexual inter-course. The doctor also examined Ratti Ram, the doctor was of the opinion that he was 15 years of age on the date of incident and was able to perform sexual inter-course.