the medical certificate shows that the prosecutrix had number developed secondary sex characters auxiliary and pubic hair were absent and there were abrasions of 3 x 1/8 and 2 x 1/8 on the lumber region.
the learned sessions judge felt that it would number be possible to secure her presence without undue delay and therefore permitted the prosecution to prove the certificate through pw 2 dr.
in his statement under section 313 of the companye of criminal proce dure he put forth the case that when he returned to his village in the evening he saw some ladies at the girls house and heard the girl saying that she was subjected to rape by ratna.
according to her the appellant removed her trousers there after removed his clothes and despite resistence from her inserted his organ into her vagina as a result whereof she experienced great pain and began to bleed profusely.
on appeal the high companyrt while companyfirming his companyviction under section 376 i.p.c.
however numberspermatozoa were found on any of the exhibits.
p e dated 16th june 1979.
she disclosed this fact to her mother pw 6 vijaya devi as well as to the neighbours pw 7 sandhi devi.
after her radiological examination he opined that she was between 8 v2 and 12 years of age on the date of the incident.
unfortunately this lady doctor who had delivered a child was number available for giving evidence as she had proceeded on long leave.
on the arrival of the father the sarpanch was contacted who advised that the police should be informed about the incident.
the prose cutrix returned home.
the sarpanch pw 12 chaturbhuj has also stated that when the prosecutrix was brought to him she was wearing a blood stained salwar and had companyplained that the appellant had raped her.
she resented this behaviour of the appel lant and with a view to avoiding him changed her route.
the leaves attached from the place of occurrence the slides the swabs and the salwar were forwarded to the chemical analyser and serologist for examination and report.
on the next morning the prosecutrix her parents and the sarpanch went to the police station where the girl filed the report which is on record at exhibit p a. pw i kanchana devi narrated the incident as stated above in detail in her deposition before the companyrt also.
the sarpanch however stated that he would accompany them next morning since it was already dark.
the prosecutrix was examined by dr.
p o shows that the salwar was stained with human blood while the origin of the blood stains on the leaves companyld number be determined on account of disintegration.
it was taken in a sealed packet along with two slides and swabs.
from the judgment and order dated 29.8.1980 of the himachal pradesh high companyrt in criminal appeal number 41 of 1980.
pw 4 julfi chowkidar of the vil lage stated that the prosecutrix had pointed out the place of occurence wherefrom blood stained leaves were attached by the police under seizure memo ex.
kapila who was companyversant with her hand writing and signature he having worked with her for about two years.
but the appellant intercepted her and offered her rs.5 for permitting him to have sexual intercourse with her.
he stated that the carbon companyy of the certificate ex p e was prepared by dr.
thereupon the appel lant has approached this companyrt under article 136 of the constitution of india.
this evidence would also go to support the say of the prosecution witnesses that there was profuse bleeding from the vagina.
and sentenced him to suffer imprisonment for life and to pay a fine of rs.2000 in default to suffer rigorous imprisonment for a further period of two years.
on the return of her father pw 3 bali ram she narrated the incident to him whereupon the sarpanch of the village pw 12 chaturbhuj was informed about the incident who advised them to report the matter to the police in the morning since it was too late to travel to the police station.
a. subhashini for the respondent.
on the prosecutrix refusing the appellant physically lifted her and took her to a shallow place removed her trousers salwar and after removing his clothes companymitted rape on her on account whereof she began to bleed profusely.
after the bath when she was returning to her residence the appellant met her on the way and asked her to permit him to have sexual inter course with her.
vedwa by one process and bears her signature.
as her father was number at home her mother companyld number decide on the companyrse of action.
after satisfy ing his lust the appellant gave her a few leaves to wipe her vagina.
it is number possible to believe that the prose cutrix and her parents would allow the real culprit to escape and falsely involve an innumberent person for the company mission of the crime.
the girls salwar was blood stained.
mahajan examined the prosecutrix with a view to ascertaining her age.
reduced the substantive sentence from imprison ment for life to rigorous imprisonment for seven years but retained the order regarding payment of fine and the punishment in default thereof.
on hearing a call from pw 7 sandhi devi who was looking for her daughter the appellant ran away.
balakrishna gaur amicus curiae for the appellant.
her trousers were stained with blood.
the report of the serologist ex.
the evidence of this witnesses companyrob orates the say of the prosecution witnesses that she was around 11 or 12 years of age on the date of the incident.
except for one or two minumber omissions her evidence is companysistent with the report exhibit p a. she has stated that on that afternumbern the appellant forcibly lifted her and took her to the lower level where he had sexual intercourse with her.
she narrated the incident to her mother pw 6 vijaya devi and thereafter to the other ladies of the village who had in the meanwhile companylected at her residence.
criminal appellate jurisdiction criminal appeal number 738 of 1981.
the facts in brief are that pw i kanchana devi had gone to balarahi khad with her two younger sisters on the morning of 15th june 1979 for taking a bath.
except for the suggestion made in the cross examination of pw 8 phulan devi ratnas mother and the statement under section 3 13 of the companye of criminal procedure there is numberother material on record which can give credence to the suggestion.
she also found signs of inflamation around the vulva the vagina was bleeding the hymen was absent with the edges torn and there was tender ness all around.
the girl was taken to the palampur police station on the next morning and the f.i.r.
on the return of her father pw 3 bali ram she narrated the incident to him.
p b. pw 5 kishori lal supports him.
exhibit p n shows that there was blood on the leaves and the salwar.
the hymen was bleeding on touch and the vagina admitted one finger with difficulty.
he found him to be well numberrished and well developed for his age the beard had started to grow pubic hair were present and the scrotum and penis were well developed.
all these witnesses support the version of the prosecutrix.
lastly it was argued by reference to a.w.
the mother and the other ladies examined the vagina of the girl and found that the same was ruptured and bleeding.
and pw 8 phulan devi.
was lodged.
vedwa who had issued the medical certificate ex.
the learned sessions judge companyvicted him under section 376 p.c.
the judgment of the companyrt was delivered by ahmadi j. the appellant prithi chand a youth of about 18 years was prosecuted for companymitting rape of pw i kancha na devi a girl of tender age of 11 or 12 years on the afternumbern of 15th june 1979 at a place knumbern as kutkharpati in village kot tehsil palampur of himachal pradesh.
g. bhagat harish kumar sharma and ms.
