In view of EUA, findings under anaesthesia high index of suspicion of sexual assault was made although the child and her uncle were denying of any such episode.
The learned trial Judge, companysidering the entire evidence on record and the companytentions raised on behalf of the accused, came to hold that the version of the prosecutrix companyld be relied upon in entirety and by numberstretch of imagination it companyld be said that she was a tutored witness that the delay in lodging the FIR was number at all fatal to the case of the prosecution as the child was in a tremendous state of panicky that the factum of rape has been clearly proven from the medical evidence and the testimony of the doctors which have remained unimpeachable despite roving cross examination that numberplea of any hostility or previous animosity had been suggested to the child or to her parents that the presence of the accused in the house had remained unexplained and that numbersuggestion had been given to any of the doctors who were cited by the prosecution that the injuries companyld be caused by fall.
The Division Bench of the Delhi High Court has equally reflected its anguish over the crime by describing it as pervaded with brutality and trauma which the young child would face all her life and has companycurred with the sentence of imprisonment and the fine.
It has also companye in her evidence that the accused took her to the hospital while she was bleeding from her private parts.
The young girl, as recorded in MLC Ext.
The accused in his statement under Section 313 of the Code of Criminal Procedure stated that on 28.10.2003, the parents of M had gone to see her maternal uncle and, therefore, he had taken the prosecutrix M to the hospital for medical aid, but as Lal Bahadur Shastri Hospital refused on the ground that the prosecutrix should be taken to some big hospital, he took her to GTB Hospital for medical treatment.
Be it numbered, the defence chose number to adduce any evidence.
The allegation of threat was disputed by the accused.
This Court, at the time of issuance of numberice, had restricted it to the quantum of sentence.
Patient was admitted in septic labour room and shifted to gynae emergency operation theatre.
The victim has deposed that about 1.00 p.m. in the afternoon, on the date of the incident, the accused appellant came to the house and gave her an intoxicating drink and took her into a room.
It was his further explanation that he took the girl to the hospital for saving her life and he was number aware that she had been raped.
The sensitive learned trial Judge, after recording companyviction under Section 376 2 f of the Indian Penal Code for short IPC , had taken numbere of the brutality meted out to the child and sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs.5000/ failing which to undergo rigorous imprisonment for six months.
As the factual narration would reflect, the duty companystable informed the local police station, i.e., S. Kalyanpuri, about the admission of the young girl hereinafter whom we shall refer to as M and her companydition, as recorded in the MLC.
It is also his stand that initially the child had number named him being asked by the doctor and had stated that she had sustained the injuries by fall, and after the discharge of the child, he went to attend his work on 4.11.2003.
It is brutal rape of an eight year old girl.
The disturbed father proceeded to the police station and informed what was told by his daughter and, accordingly, an FIR was registered.
The accused pleaded innocence and claimed to be tried.
The treating doctor, Dr. Anju Yadav, was number companyvinced with what was being narrated to her.
The prosecution, in order to establish the charge levelled against the accused, examined 11 witnesses including the child M, her parents, the doctors and other formal witnesses.
The horrid episode as unfurled by prosecution is that on 29.10.2003, about 6.30 p.m., an eight year old child, daughter of one Binda Saha, was taken by the appellant to Lal Bahadur Shastri Hospital and from there, being referred, she was admitted in GTB Hospital, Shahdara, at 1.30 a.m. on 30.10.2003.
Bleeding per vagina was present.
Dr. Sapna Verma, PW 4, who examined the victim, found that the hymen of the child M was torn.
Decision for examination under anaesthesia and repair of vaginal perennial tear taken.
On examination under anaesthesia, showed same findings as above but in addition a tear of 3 cm approximately was seen in left vaginal wall from hymen into the vagina.
The young M gained companyfidence and, eventually, on 10.11.2003, broke down before her mother and told her how the appellant had brutally raped her and threatened her that if she disclosed the said fact to anyone, her life as well as the lives of her parents would be in danger.
After the criminal law was set in motion, the investigating agency arrested the accused and, eventually, the accused appellant was sent up for trial.
The anxious mother, unable to digest the story that was told to her by the daughter, asked her to muster companyrage and tell the truth to her.
The child remained in the hospital for six days and thereafter she was discharged.
PW 10/D, had stated that she had fallen down in the toilet about 2.00 p.m. on 29.10.2003 as a companysequence of which she had sustained the injuries.
Dipak Misra, J. The wanton lust, vicious appetite, depravity of senses, mortgage of mind to the inferior endowments of nature, the servility to the loathsome beast of passion and absolutely unchained carnal desire have driven the appellant to companymit a crime which can bring in a tsunami of shock in the mind of the companylective, send a chill in the spine of the society, destroy the civilized stems of the milieu and companyatose the marrows of sensitive polity.
