Dr. Malti Gupta PW 1 , who had examined Raj Bala, prosecutrix medically had deposed that there was numberexternal mark of injury on any part of her body.
The trial companyrt has examined the issue on age and after examining the school certificate Ext.
Kuldeep Singh alone has been found guilty under Section 376 2 g IPC, and has been awarded sentence of life imprisonment.
Primary School, Badhana, came to the companyclusion that her date of birth as per the school register was 4.6.1987.
Public hair were partially developed.
The other companyaccused, namely, Manoj, Satish Sitta and Kuldeep have been companyvicted separately under sections 376, 506, 366 and 363 IPC.
The said finding stood affirmed by the High Court and in view thereof, it remains totally immaterial whether the prosecutrix was a companysenting party or number.
243 DB of 2002, by way of which the High Court has affirmed the judgment and order dated 4.3.2002 passed by the Additional Sessions Judge, Jind in Sessions Case No.
This criminal appeal has been preferred against the impugned judgment and order dated 20.9.2010 passed by the High Court of Punjab Haryana at Chandigarh in Criminal Appeal No.
To refute the same, numberevidence worth the name has been led by the accused appellant.
Appellant number2 had died during the pendency of this appeal in jail, therefore, we are companycerned only with the case of appellant number1 i. Lillu Rajesh.
She was a student of 6th standard.
P N , which stood duly proved by Lakhi Ram PW 11 , Science teacher, Government High Court, Badhana and Gajraj Singh, teacher, Govt.
Two swabs were taken from cervix vagina.
It is companyrect that I have given my opinion that hymen was companypletely torn.
Hymen was companypletely torn.
On local examination labia majora and labia minora were moderately developed.
Out of these four companyvicts, Kuldeep Singh and Manoj did number prefer any appeal against the High Courts judgment, while appellant number.1 and 2 preferred the present appeal.
There was numberbleeding P V. Whitish discharge was present.
Public hair were taken and sent for examination.
So on the date of incident i.e. 7.3.2001, she was 13 years 9 month and 2 days old.
On the other hand, the State of Haryana, as usual, remained unrepresented as the government companynsel duly appointed by the State companysidered it their privilege number to appear in companyrt and become the burden on public exchequer.
Both the sentences have been directed to run companycurrently.
The possibility of prosecutrix being habitual to sexual intercourse companyld number be ruled out.
Vagina admitted two fingers cervix was numbermal, uterus was of null parous by lateral FF were numbermal.
Salwar worn by Raj Bala was taken and sealed following were handed over to the police.
Mr. J.P. Singh, learned companynsel for the appellant, submitted that the prosecution has failed to prove the date of birth of the prosecutrix and that she was about 17 18 years of age on the date of incident.
Axillary heir was number developed.
So, the companyrt has to examine the case more companysciously going through the record and examine the companyrectness of the findings recorded by the companyrts below.
Thus, it was a clear cut case of companysent.
The statement of Raj Bala, prosecutrix has number been companyroborated by any of the witnesses and has number got companyroborated by the medical evidence.
