briefly stated the prosecution case is that on 2.8.1982 the prosecutrix raksha devi pw4 alongwith her father nikkoo ram pw5 and an elder sister by name samti were in their fields.
the prosecutrix who was 7/8 years old at that time was wearing a frock and having a shawl with her.
the evidence of taru pw7 who had also seen the accused running away from the scene of crime carrying his underwear further lends credence to the prosecution version.
urmil gupta medical officer rural hospital nalagarh at about 7 p.m. on the same day appearing as pwi at the trial had also testified that when the prosecutrix was brought to her by her father he had also brought with him a shawl which was found to be having some mud and bloodstains.
he raised alarm and the respondent ran away carrying with him his underwear.
he denied the suggestion that injuries would necessarily be caused to the penis in case of sexual intercoures by a grown up male with a virgin when during the act her hymen gets torn.
during the cross examination a suggestion was put to the doctor that the injuries found on the prosecutrix could have been caused by a fall on some bushes or on the stem of a beree tree but the doctor had categorically denied the suggestion.
the high companyrt acquitted him.
the respondent appealed to the high companyrt of himachal pradesh and on 16.11.1983.
the respondent was also examined by doctor c.l.
it started to rain all of a sudden and the prosecutrix her father and her sister ran towards their house.
the doctor who had examined the prosecutrix namely dr.
the x ray the skiagrams and the examination of her teeth by dr.
the respondent spread the shawl on the ground and making the prosecutrix lie on that shawl committed rape on her.
since the prosecutrix had number reached her home nikkoo ram her father after waiting for about half an hour returned towards the field and saw the respondent lying on top of the prosecutrix raksha devi under the mango tree.
sharma pw3 medical officer at the rural hospital nalagarh.
while awarding the sentence the learned sessions judge took into account the age of the prosecutrix the age of the accused and the other attending circumstances and directed that it would be appropriate if the accused was kept in the open air jail in bilasput during the term of five years r.i.
from the judgment and order dated 16.11.83 of the himachal pradesh high companyrt in crl.
according to the opinion of dr.
he had found the respondent to be potent and capable of sexual intercourse.
subhash chandra aggarwal pw2 established the age of the prosecutrix to be between 6 to 8 years.
including the vagina was about 6 to 12 hours.
the vagina admitted one finger with difficulty which got smeared with blood.
urmil gupta pwi the prosecutrix had been subjected to sexual intercourse and the probable duration of the injuries on her private parts.
the learned sessions judge after a careful appraisal of the evidence on record found that the respondent had companymitted the offence of rape and sentenced him to suffer r.i.
the occurrence took place at about 2.30 p.m. and the first information report ex.
for a period of five years for the offence under section 376 ipc.
the prosecutrix got separated from her father and elder sister and was following them when the respondent raghubir singh then aged about 16 years came to her and caught hold of her hand and took her under a mango tree.
bina gupta for the appellant.
criminal appellate jurisdiction criminal appeal number 398 of 1984.
she has also testified to the presence of mud and blood stain on the shawl.
deshpande for the respondent.
it was also suggested to her that the venginal in jury companyld also be caused by inserting a finger in the vagina.
the prosecutrix was crying and was bleeding per vagina.
the father of the prosecutrix nikkoo ram pw5 the prosecutrix raksha devi pw4 and taru pw7 who had rushed to the scene of occurrence on hearing the alarm and had also seen the respondent running away therefrom carrying with him his underwear supported the prosecution case in its totality.
ghatate and s.v.
pe was lodged at the police station at 5.50 p.m. the prosecutrix was got examined by the doctor who found her hymen ruptured and slight bleeding companying out of the vaginal edges.
kusum choudhury and ms.
the following order of the companyrt was delivered on special leave being granted the state of himachal pradesh has preferred this appeal against the judgment and order dated 16.11.1983 acquitting the respondent of an offence under section 376 ipc earlier recorded by the learned sessions judge.
blood clott was also present and the external genitals of the prosecutrix were found to be tender and red.
a. number 32 of 1983.
