AMROODYA & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) On 13.12.1995 at 7.00 p.m. PW 5 Chotu Si() Narain Bairwa R/o village Polyada submitted a written report Ex. P/2 to PW 14 Rang Lal, Station House Officer (SHO), Police Station Dooni Distt. Tonk (Raj.) alleging therein that on that day his minor daughter, PW 3 Km. Parvati, aged about 9 or I0 years, had gone to the jungle to graze the goats; that when she did not return till 4.30 p.m. he proceeded to search her, that near his house he noticed a weeping Parvati, with a blood stained ghaghra, coming toward the house; that on query by him Parvati told him that when she was grazing the goats on the bank of a 'Khala' near the well of Durga-Chittar, two Sansi boys R/o village Polyada, who along with a woman were manufacturing illicit liquor in the 'Khala', caught hold of her and while one of them kept watching her goats, the other took her to the 'Khala' and committed rape on her, despite a protest from the woman present there with them; that she bled with great pain per her private parts and her "Ghagra" was stained with blood; that after the sex act was over the boy who had committed rape on her, made her to wash her "Ghaghra" and then let her off. On such report PW 14 Rang Lal SHO registered Crime No. 253/95 under section 376 Penal Code against two unknown Sansi boys vide FIR Ex. P/4 and commenced investigation.

(2.) In the course of investigation Parvati was produced before the Medical Officer, at Government Dispensary at Dooni but the medical officer referred her to the Saadat Hospital at Tonk. Parvati was admitted in the Saadat Hospital at Tonk at 9.30 p.m. on 13.12.1995 and on her examination Dr. B.S. Babel, Senior Specialist in General Surgery, and PW 10 Dr. S.B. Mathur noticed one tear in the outlet of her vagina, posteriorly, extending to the perineum and another. 21/2" long and 1/2" wide tear in the posterior wall of the vagina extending near to the post fornix, with bleeding from the wound and blood clots present in the vagina. Her hymen was found ruptured. The tears were repaired and bleeding was stopped by them. (Vide Ex. P/17).

(3.) The Principal Medical Officer of the said Hospital, however, ordered for examination of child by a board of the two doctors, consisting of PW 7 Dr. Smt. Rajeshwari Baryani and PW 10 Dr. S.B. Mathur. The board, therefore, examined the victim of sexual assault on 14.12.1995 and confirming the earlier report of Dr. Babel, it further opined that Parvati had been very badly raped and the perennial and vaginal injuries were caused to her as a result of such sex act. The Board further opined that the injuries were fresh in duration on 13.12.1995 and grievous in nature and that if those were not timely attended to and cured they could have proved fatal to the minor girl. The Board also obtained the swabs and slide of the vaginal contents vide Ex. P/7 for examination of presence of semen by the authorities at the State Forensic Science Laboratory, Rajasthan, Jaipur. No report from the FSL was, however, placed on the record of the case.