Raj Kumari on reaching home narrated the incident to her mother PW3 Sharda and father PW2 Ramesh on which a report was lodged with the Police by the latter at 6.30 p.m. on the same day.
A medical examination companyducted by PW1 Dr. Nand Lal Sharma revealed multiple injuries on her body with oozing of blood from her vagina and swelling and rupturing of her hymen.
928 OF 2001 HARJIT SINGH BEDI,J. This appeal by way of special leave arises out of the following facts Munshi, the respondent herein was charged, companyvicted and sentenced for an offence punishable under section 376 of the Indian Penal Code by the Additional Sessions Judge, Karoli and ordered to undergo rigorous imprisonment for 10 years and to a fine of Rs.1000/ on the allegation that he had, on 18th September 1994, caught hold of PW5 Raj Kumari when she had gone to the well outside the village at 3 p.m. to bring water and had thereafter raped her.
CRIMINAL APPEAL NO.
PW13 S.I. Kamlesh Kumar Sharma then visited the place of occurrence and observed that the Bajra crop had been trampled upon at the site where the rape had been companymitted and also retrieved some pieces of Rajkumaris torn underwear.
The companyrt relying on the aforesaid evidence and the circumstance that the torn underwear had been picked up from the spot, companyvicted the accused.
The radiological examination to determine her age indicated that she was above 17 years but below 19 years of age.
