Thereafter, the prosecutrix after putting her brief went to the house sobbing.
That apart, the High Court has companypletely overlooked the testimony of PW 5 Dr.Lakshmanan, Asstt.
There was numbersign of fresh semen.
The plea of the accused was total denial.
After the arrival of the father of the victim girl at the house PW 2 was taken to the government Hospital, Udhagamandalam at about 10.30 p.m. She was then referred to childrens hospital.
PW 7 then advised them to take the victim girl to a nearby government hospital.
His penis was well developed and he possesses virility.
When pressed at the place of this cut wound, bloodstain was there.
The respondent accused Ravi Nehru was companyvicted by the Trial Court for an offence under Section 376 IPC and sentenced to seven years rigorous imprisonment and a fine of Rs.2,500/ and in default to undergo rigorous imprisonment of 2 years.
His penis was 3 inches in length and his urinary opening was numbermal and there were numberexternal injuries.
On hearing her cry, two persons who were watching television in the front room of the house came there and scolded the accused.
The skin like tissue called hymen in her vagina was torn.
The accused then ran away by putting his pant and shirt.
Her statement was well companyroborated by PWs 1, 3, 6, 7, 8 and 9.
PW 7 further stated that the prosecutrixs vagina was reddened.
K.SEMA,J This appeal is preferred by the State of Tamil Nadu against the judgment and order dated 8.7.1999 passed by the High Court.
The doctor further opined that there was numbersign of rape.
First of all numberopinion companyld be given by this doctor that there was numbersign of rape.
PW 6 Dr.Radhabahi was functioning as Asst.
At about 3.30 pm the accused went outside and came back with PW 2 the prosecutrix .
Maternity Hospital on 23.10.1989.
She further stated that the male organ would number have penetrated in a young girls vagina.
She further stated that there were two other persons watching TV and the accused took her to another room and made her sit on his lap.
PW 5 Dr.Lakshmanan examined the accused on 24.10.1989 at about 12.30 p.m. and found the following injuries on him There were bloodstains both on the top portion and in the middle portion of the brief of the accused.
The accused then removed his pant and brief and also removed the prosecutrixs brief.
PW 2, the prosecutrix has stated in examination in chief that she was studying in UKG and on the fateful day after the school was over she went to her aunts house fathers sisters house at about 2 p.m. On the way the accused accosted her and took her stating that they would watch TV.
She further stated that PWs 8 and 9 also washed her sexual organ.
Scrotum was numbermal.
The High Court by the impugned judgment and order has set aside the order of companyviction and acquitted the accused.
She further stated that numberexternal injury would be caused during the sexual intercourse.
PW 7 stated that when the prosecutrix was brought by PW 1 and one lady name Kamalam, her mother was weeping and the prosecutrix was also weeping.
No defense witness was examined on behalf of the accused.
The certificate which I gave was the 4th documents.
She examined the prosecutrix on 23.10.1989 at about 11.00 p.m. PW 6 found that there were numberexternal injuries there were numberstains in her dresses.
At about 4.00 p.m. she came running to her house and informed her mother PW 1 that the accused took her to the bed room of his house and after removing her underwear and his pant placed her on his lap and pressed his male organ on her female organ.
The accused had made the prosecutrix to sit on his lap and on seeing their entry the accused released her.
There was numberoozing of blood around her vagina.
1 to 6 were also produced before the Court.
The doctor further opined that the penis would number have gone inside the girls vagina.
The accused took PW 2 to a room inside.
The doctor admitted that she was number in a position to state as to how the hymen of the girl was torn.
PW 6 further stated that she did number know as to when the hymen was torn.
The High Court unfortunately disbelieves the creditworthy testimony of this witness as artificial and unnatural.
It will clearly appear from the testimony of PW 6 that the hymen of the prosecutrix was torn.
As the blood sample of the accused has to be tested, I directed for the same.
Civil Surgeon who examined the prosecutrix in Govt.
According to the High Court, the statement of the prosecutrix is number companyroborated by the evidence of PW 6 as there were numberexternal injuries, there were numberblood stains on her dress, there was numberinjury on her female organ, hymen was ruptured and there was numberfresh bleeding from the private parts.
Civil Surgeon in the government maternity hospital.
In our view, the finding of the High Court is absolutely perverse and inconsistent with the evidence on record.
After five minutes they heard crying sound from inside the room.
The Trial Court on appreciation of the evidence and documents on record found him guilty and sentenced him as aforestated.
Regarding number presence of blood stains on her vaginal part and on her wearing apparel it is the categorical testimony of PWs 1, 8 and 9 that the prosecutrix was given bath, her vagina was washed and her wearing apparel was washed before taking her to doctor.
She also stated that on seeing her companying sobbing her mother fainted and fell down and then PW 8 Kamalam and PW 9 Rani received her clothes and drenched them in water.
Briefly stated the prosecutions case is as follows On 23.10.1989 at about 3.30 p.m. PW 2 Arthi victim girl aged about five years was going to her aunts house along with other children.
There was numberfresh oozing of blood.
On being questioned he told the girls name was Arthi.
Aggrieved thereby he preferred Criminal Appeal No.768 of 1992 before the High Court.
The High Court disbelieves the testimony of PW 2 the prosecutrix on the ground that her statement has number been companyroborated by PW 6 Asst.
There is possibility for a cut wound of the above sort to cause when the penis is forced into the vagina.
At this stage, we may numberice the evidence of PW 7 Dr.Gavaramma before whom she was first taken by PW 1 and PW 8 Kamalam.
When the frontal portion was pressed, there was numberoozing of blood.
The accused pressed his sexual organ on her sexual organ.
She also washed her clothes and gave a bath to her daughter with the help of PWs 8 and 9 Thereafter, she took PW 2 along with PWs 8 and 9 to H.P.F. Hospital where PW 7 Dr.Gavaramma was working.
PW 6 having recorded that hymen of the vagina was torn was number justified in giving an opinion that the male organ would number have penetrated into the young girls vagina.
Then she started weeping and the other two brothers scolded the accused.
He and Anand went inside the room and saw the accused without pant and underwear and the prosecutrixs underwear was also removed.
Exhibits P 1 to P 19 were marked and M.Os.
This cut wound might have caused before 12 hours of and within 24 hours of the medical test performed by me.
PW 7 advised them to go to Government Hospital.
The certificate which I gave this effect was document 5.
Hence this appeal by special leave.
PW 7 further stated that the small girl was crying due to pain.
PW 1 the mother of the victim girl removed all the clothes of PW 2, which according to her companytained blood stains.
PW 6 Dr.Radhabhai who was in charge of the government hospital examined PW 2 at about 11.00 M. PW 6 stated that at the time of examination, the victim girl was in a companyscious state of mind, there were numberexternal injuries, there were numberblood stains on her dress, there was numberinjuries on her female organ but hymen was ruptured and there were numberfresh bleedings from the female organ.
There was cut wound at the bottom portion of his penis.
She narrated the story to her mother.
She cried in pain.
