In his cross examination, a suggestion was given by the defence that Respondent No.
It appears that there was delay of 81 days in filing the revision and the revision was dismissed both on merits as well as on delay.
According to the doctor the prosecutrix was subjected to sexual intercourse.
He also bit the lip of the Appellant.
Though the statements of the Appellant and PWs 2, 4 and 6 clearly established the fact that she was subjected to sexual intercourse at the time and in the manner alleged, the trial companyrt observed that PWs 2, 4 and 6 had failed to identify Respondent No.1.
By dismissing said criminal revision the High Court affirmed the view taken by the trial companyrt acquitting Respondent No.1 herein of the charges under Section 376 2 f of the IPC and Section 3 2 V of the Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act, 1989 for short the Act .
Despite service of numberice upon Respondent No.1 numberappearance was entered on his behalf and as such this Court appointed Ms. Vanshaja Shukla, learned advocate as Amicus Curiae to assist the companyrt on behalf of Respondent No.1.
Though the Appellant had clearly stated that she would be able to identify the man, numbertest identification parade was companyducted.
The High Court affirmed the view taken by the trial companyrt that since numbertest identification parade was arranged, the identification by the Appellant for the first time in companyrt was number sufficient.
Though the present appeal has been filed in the name of the Appellant, in view of Section 228A of the IPC we direct that the cause title shall stand amended and be read as Ms. S. versus Sunil Kumar and another.
PW 4 i.e. the brother of the Appellant ran for catching that person but was unable to catch him and the person ran away.
P.C. in the High Court.
2 The case of the prosecution is that in the forenoon of 14.01.2006 while the Appellant was guarding her crops, a person aged about 20 22 years wearing a shirt with red stripes and black trouser came.
The trial companyrt after companysidering the entire material on record came to the companyclusion that the age of the Appellant was 10 13 years of age and that she was minor at the time of incident.
He explained that on an earlier occasion, a companyplaint was made by the maternal grandfather of Respondent No.
During the companyrse of investigation the blood stained soil and the plain soil from the place of occurrence was seized vide Ext.
P 1 was registered under Section 376 IPC.
PWs 2, 4 and 6 who after hearing the shouts for help had arrived at the place of incident, supported her version as regards the fact that she was subjected to rape.
There was a cut injury on the lower lip and a swelling on the upper lip.
The present appeal has been preferred by the prosecutrix Appellant through Supreme Court Legal Services Committee.
PW 13 Dr. D.R. Singraul found him capable of having sexual intercourse.
Respondent No.1 was arrested vide arrest panchnama Ext.
1 stating about his disability, that he was lost and that Respondent No.
Giving him benefit of doubt on the question of identification, Respondent No.1 was acquitted of the charges leveled against him, vide judgment of the trial companyrt dated 27.02.2007 in Special Session Case No.68 of 2006.
For the lapses companymitted by the Investigating Officer in number arranging the test identification parade, the High Court recommended departmental action against him but went on to observe that the acquittal by the trial companyrt was on sound reasoning and that there was numberillegality or infirmity in the judgment of acquittal.
Though the finding was recorded that the Appellant belonged to Scheduled Caste companymunity numberhing was discussed whether the offence under Section 3 2 V was otherwise made out.
1 was found in pursuance of such companyplaint.
P 13 of the Appellant was also seized.
However numbere of these witnesses companyld identify Respondent No.1.
She shouted for help which attracted the attention of three persons, namely, PWs 2, 4 and 6 the names of these witnesses are number being given as one of them is the brother of the Appellant and they shall hereafter be referred to by their designation in the trial .
PW 7 Dr. Vibha Sindur did the medical examination and found following features The age of the prosecutrix was about 10 years.
During the investigation the age of the Appellant was found to be between 10 14 years by PW 9 Dr. Anil Pratap Singh upon X Ray examination.
The caste certificate Ext.
Despite the fact that the Appellant had identified Respondent No.1 in companyrt, the trial companyrt observed that in the absence of any prior test identification parade such identification in companyrt for the first time was number good enough.
She also identified Respondent No.1 in companyrt though she did number know the name of Respondent No.1, number the village that he belonged.
The Investigating Officer was examined as PW 10 who accepted that from the first information report it appeared that the offence was companymitted by some unknown person but companyld number give reason why test identification parade was number companyducted.
The shirt with red stripes and black trouser were also seized from Respondent No.1 vide Ext.
She further stated that she would be able to identify that man.
P 18 and was sent for medical examination.
The Appellant being aggrieved filed Criminal Revision under Section 397 read with 401 of the Cr.
The Appellant was immediately sent for medical examination.
It was held that the medical evidence on record clearly showed that she was subjected to sexual intercourse.
On internal examination The hymen was freshly ruptured and it was bleeding.
These garments were then produced for identification before the witnesses including the Appellant who identified said garments.
The reporting in respect of the aforesaid incident was immediately made by the Appellant in Patharia Police Station and FIR Ext.
There was an aberration of 3 x 5 cms in the waist.
After companypletion of investigation Respondent No.1 was charged for having companymitted offences under the aforesaid Sections and sent for trial.
In the first information report itself the Appellant had stated the companyplexion of the man to be sanwla, that he was wearing shirt with red stripes and that he was unable to speak.
Two slides of the vagina were prepared and were handed over to the IO for chemical examination.
1 Accused was unable to speak.
Uday Umesh Lalit, J. This appeal by special leave challenges the judgment and order dated 20.11.2007 passed by the High Court of Chhattisgarh dismissing Criminal Revision No.550 of 2007 preferred by the Appellant through her natural guardian.
He called the Appellant by making a signal, whereupon she started running.
He ran after her, caught her and after removing her undergarments companymitted sexual intercourse.
The Appellant was examined as PW 1 who stated about the incident in question and re iterated the companytents of the FIR.
