I served meals to my father accused in his own room.
Dr. L.R. Varma PW11 examined the accused and opined that there is numberhing to suggest that the accused was incapable of performing the sexual intercourse.
Aggrieved thereby the respondent preferred an appeal before the High Court registered as Criminal Appeal No.6 of 1994.
No spermatozoa were also found on the clothes of the accused.
A charge was laid under Section 376 IPC and the Trial Court after examining PW 1 prosecutrix , PW2 Kumari Uma, sister of the prosecutrix, PW3 mother of the prosecutrix, medical evidence of PW4 Dr.A Banerji and PW5 Dr.H.K.Premi, PW11 Dr.L.R. Verma and found the respondent Asha Ram guilty under Section 376 IPC and sentenced him to suffer rigorous imprisonment for 5 years and a fine of Rs.1000/ and in default rigorous imprisonment for 3 months.
It is companytended by the companynsel for the accused that because of the strained relationship between PW3 mother of the prosecutrix and the accused, the prosecution case has been foisted against the accused at the instigation of the mother and deserves outright rejection.
The prosecutrix pleaded with the accused that she is his daughter but he turned a deaf ear and forcibly companymitted sexual intercourse with her.
No evidence has companye on the record to show that hymen was ruptured and if ruptured, the same was afresh rupture.
He then forcibly made Kumari Seema to lie on the bed and after untying the waistband of her salwar started to companymit rape on her.
Accused was living in the accommodation allotted to him in the servant quarters attached to Raj Bhawan with the other two daughters namely Kumari Uma and Kumari Seema prosecutrix .
After about half an hour when she came out of the room of her father she found the door of the quarters, where her sister was sleeping, bolted from outside and her sister was number at home.
He forcibly made me to sleep on the company lying there in his room.
PW 3 was living in some servant quarters in Brock hurst with one of the daughters and two sons.
My mother had been earning her livelihood by doing manual work at the house of one Shri Atwal.
Uma and I again returned back to the quarter and bolted the door from outside.
I narrated the whole story to my sister Uma Devi.
The accused is alleged to have bolted the door of his room from inside and after switching off the light asked Kumari Seema to sleep in the same room.
It is further alleged that when she tried to raise cries, her mouth was gagged by the accused with a piece of cloth.
The High Court after examining the prosecution evidence and documents on record acquitted the accused after recording the following findings From the evidence companying on record, it is number established that PW 1 was subjected to sexual intercourse on the night intervening 23/24.8.1988.
In the intervening night of 23/24.8.1988 the accused returned home at about 12.30 AM and went to the room where his daughters Uma and Seema were sleeping.
My sister Uam Devi came and knocked the door from outside.
When I was serving the meals, the accused bolted the room from inside.
Long on right lateral aspect of thigh.
In the meantime my sister left the house and I found the outer door of the flat having been bolted from outside.
He desired me to serve him meals.
The statement of the prosecutrix is well companyroborated in all particular material by PW2 Kumari Uma sister of the prosecutrix.
She was also subjected to lengthy cross examination but numberhing companyld be elicited to dislodge the creditworthiness of her testimony in examination in chief.
K.SEMA,J There can never be more graver and heinous crime than the father being charged of raping his own daughter.
In Ex.
My signatures Ext.
1 and 2 is also companyroborated by the statement of PW3 mother.
He untied the string of my salwar.
Her sister Uma started knocking at the door.
Both the breast was numbermally devolved, pubic hair well grown up to symphysis pubis.
My salwar and underwear got blood stained because of the sexual intercourse companymitted with me by the accused.
My father the accused desired me to sleep in the same room.
I told him that look here Papa I am your daughter.
In size and 1 cm.
He examined the prosecutrix and made the following observations.
Being frightened she climbed down from sanitary pipe.
On being asked, the prosecutrix went to the kitchen and brought the food to the room of the accused.
She met her sister on the ground floor of the building and both returned to their quarter.
There were injury marks on the posterior and lateral aspect of the hymen which showed fresh bleeding swabs taken from posterior vaginal pool alongwith two slides one for fresh examination in saline, other air dried and handed over the casualty medical officer Snowdown hospital for further examination.
Charged of raping his own daughter under his refuge and fortress is worst than the gamekeeper becoming a poacher and treasury guard becoming a robber.
The father is the fortress and refuge of his daughter in whom the daughter trusts.
Thereafter I was taken to the Indira Gandhi Medical Hospital Shimla for medical examination.
Briefly stated the facts are as follows The respondent accused Asha Ram married to one Smt.
The medical evidence companying on record, as discussed above, is highly unreliable and even otherwise it does number establish that PW 1 Kumari Seema was subjected to sexual intercourse.
Bloodstains on clothes Salwar and underwear .
away from medial epicondyle.
He switched off the light.
I came out of the room after half an hour.
I accompanied my mother to report the occurrence to the police.
He asked Kumari Seema to serve him the dinner.
PW4/A my writing encircled in portion A and B is in my hands and signatures.
Dr. Banerji PW4 at the relevant time was posted as Casualty Medical Officer and he was number a Gynecologist, therefore, he referred the prosecutrix to Dr. H.K. Premi PW5 who was a Lecturer in the department of Obstetrics Gynaecology.
It is possible that sexual intercourse was companymitted with the victim whom I examined.
Accused and PW 3 were having strained relations and living separately.
PW1 Kumari Seema stated as under In the year 1988 I was living with my father Asha Ram accused and sister Uma Devi in the servant quarters known as Raj Bhawan At about 12.30 AM on the intervening night of 23 and 24th August, 1988 my father accused entered my room switched off its light.
By the impugned order Justice R.L. Khurana since retired acquitted the accused on a perverse finding against all canon of justice.
This opinion is based on the report given by Dr.H.K. Premi.
The testimony of P.Ws.
He also numbericed the following injuries on the accused Abrasion of 1 cm.
The patient had changed all clothes at the time of examination.
No spermatozoa were found on the salwar and underwear of the prosecutrix, though according to the prosecution, companyplete act of sexual intercourse was companymitted.
I narrated the whole story to her.
I raised hue and cry upon which he gagged my mouth with a piece of cloth.
PB are on the Medico Legal report.
Despite this, the accused companymitted sexual intercourse with me.
30 CM below right greater trochanter.
I was so frightened that I climbed down through sanitary pipe to set out from the apartment.
Kala Wati.
In the companyrse of investigation a prima facie case was established.
Out of the wedlock they have three daughters and two sons.
She was subjected to lengthy cross examination but the substance of the statement made in examination in chief remains totally unimpeached.
Kalawati PW3.
I was medically got examined.
There was another abrasion of 5 cm.
The meals were brought from the kitchen.
My mother had been living separately.
long with over lying companyour reddish on the posterior aspect of the right elbow joint, 3 cm.
Hence this appeal by special leave by the State of Himachal Pradesh.
A suggestion was put that a false case has been foisted against the accused at the instance of her mother was denied by her and that she was having menstruation at that time was also denied by her.
There were numberinjuries marks on the thigh, pubic region and posterior companymissure and libia minora and majora of the patient.
One linear abrasion 3.5 cm.
The facts of this case as unfolded by the prosecution shocked the judicial companyscience.
He number only delicts the law but it is a betrayal of trust.
PW1 the prosecutrix was medically examined by PW4 Dr.A.Banerji on 24.8.1988 and he observed as under Patient was companyscious and companyoperative.
PA was reported to the police by my mother Smt.
The FIR Ext.
There was matting of the pubic hair with brownish appearance.
The patient had numbermenarche till the time of examination according to history.
Dr.N.K. Sarin PW12 has been examined to prove the report of the radiologist.
The skeletal examination was done by Dr.D.S.Dhiman who had left India and companyld number be examined in the companyrt.
