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2002 DIGILAW 153 (PNJ)

Sat Kumar @ Nanha v. State Of Haryana

2002-02-04

M.L.SINGHAL

body2002
Judgment M.L.Singhal, J. 1. On being committed to the court of Session for trial under Section 376 IPC Sat Kumar alias Nanha son of Bishna resident of Khanpur was tried by Additional Sessions Judge, Karnal under section 376 IPC for having raped Kulwinder Kaur daughter of Jasvir Singh (a child aged 6/7 years) on 28.10.92 in the area of village Khanpur. 2. At the conclusion of the trial, charge under section 376 IPC was held to have been proved against him. He was accordingly convicted and sentenced to undergo R.I for 10 years and to pay fine of Rs. 500/-, in default to undergo further RI for 2 years vide order dated 5/8.2.94. Sat Kumar has knocked the door of this Court through this criminal appeal whereby he has questioned his conviction and sentence recorded against him by Additional Sessions Judge, Karnal and has prayed for his acquittal. 3. The prosecution case in brief is that on 28.2.92 at about 4 PM, Jasvir Singh was coming back from Ladwa after sale of Jiri there to village Khanpur. When he reached near the house of Nanak Chand in village Khanpur, Fateh Singh son of Hakam Singh and Soran son of Kanshi Ram were going ahead of him. Both of them stopped on hearing the cries of some child emanating from the shop of Ramesh son of Telu Nai who works as tailor. They reached near the shop. Door of the shop was bolted from inside. They knocked at the door of the shop. The door opened and immediately Sat Kumar alias Nanha son of Bishnu caste Brahmin of village Khanpur came out of the shop and ran away. Sat Kumar works with Ramesh as apprentice learning tailoring from him. Jasvir Singh, Soran and Fateh Singh tried to apprehend him but he succeeded in running away. They entered the shop and found Kulwinder Kaur lying on the cot behind the curtain bleeding from her private part and her salwar was stained with blood. She was crying. On seeing her father Jasvir Singh, she started crying bitterly. This shop was on rent with Ramesh Chand who was working as tailor there. They had known Sat Kumar since before. Matter was reported to the police at police station by Jasvir Singh. Kulwinder Kaur was medically examined at Primary Health Centre, Indri by Dr. Mrs. Vinod Gilhotra PW1. Accused was medically examined by Dr. This shop was on rent with Ramesh Chand who was working as tailor there. They had known Sat Kumar since before. Matter was reported to the police at police station by Jasvir Singh. Kulwinder Kaur was medically examined at Primary Health Centre, Indri by Dr. Mrs. Vinod Gilhotra PW1. Accused was medically examined by Dr. Gaze Singh. Kulwinder Kaur was radiologically examined by Dr. G.S. Arora. Accused was found capable of sexual intercourse. Dr. Mrs. Vinod Gilhotra PW1 who examined Kulwinder Kaur on 28.10.92 at about 6.30 PM found salwar she was wearing stained with blood. She found bed cover, one khes and her private part also blood stained. Hymen was ruptured and blood was coming from vagina. She took into possession vaginal swabs, one salwar, one shirt, one bed sheet and one khes after she had made them into parcels. Those parcels were sent to the chemical examiner by the police. After going through the report of the chemical examiner, she gave this report that it was a confirmed case of rape. She was a child, no secondary sex characters were present. No pubic hair was present, no axillary hair was present. Perineal tear 2 cm present and blood was coming. Dr. Gaze Singh found that smegma was present on glans penis of the accused on 5.11.92 at 8 PM when he examined him. Her age was 8 - 8-1/2 years found as a result of her radiological examination by the radiologist at Civil Hospital, Karnal. She was born on 15.10.85 as per the entry recorded in the record of births and deaths maintained in the office of CMO Karnal. 4. From the possession of the accused pursuant to his disclosure statement, one underwear was recovered lying concealed in the parali in fields near the tube-well. That underwear was made into a sealed parcel and taken into possession. That sealed parcel containing the underwear was also sent to the chemical examiner. Chemical examiner vide report Ex. PA found salwar, shirt, khes and bed sheet stained with numerous large and small blood stains. Blood was detected on vaginal swabs. Dari was stained with a few medium and small blood stains. Traces of blood too small for serological tests were detected on underwear. Human semen was detected on vaginal swab, underwear. No semen could be detected on salwar, shirt, bed sheet, khes, dari. Blood was detected on vaginal swabs. Dari was stained with a few medium and small blood stains. Traces of blood too small for serological tests were detected on underwear. Human semen was detected on vaginal swab, underwear. No semen could be detected on salwar, shirt, bed sheet, khes, dari. Blood detected on salwar, shirt and bed sheet was human blood. Kulwinder Kaur prosecutrix PW supported the prosecution case in all its essential details. She had known Sat Kumar since before, as such there could be no mistake about his identity. She had stated about commission of rape upon her by accused. She stated that she had gone to the shop of Sat Kumar to collect pieces of cloth for making a doll. Sat Kumar bolted the door of the shop from inside and she was laid on the cot behind the curtain. He removed her salwar and put his male organ in her vagina and gave push to his male organ whereupon she cried due to pain. Then there was knock by Fateh Singh and Soran at the door whereupon the accused ran away. Blood came out of her private part. Her father also came there. Fateh Singh also stated to the same effect. 5. In this case, thus the ocular testimony has been corroborated by the circumstantial evidence. Accused ran away from the spot. He remained away from the village for a week or so. He was arrested on 5.11.92. Fact that he ran away from the spot when he was tried to be apprehended by Fateh Singh etc. seriously impinges upon his innocence. If he had been innocent, he would have readily made himself available to Fateh Singh etc. He would not have remained on his heels for a week or so. Accused could offer no explanation why the private parts of Kulwinder Kaur were bleeding, why there were stains of blood on her salwar, shirt etc., why was there seamen on the vaginal swabs and why there was semen on his underwear ? Why should Kulwinder Kaur, who was a raw girl of 6-7 years old, have come forward and state that she was raped by the accused when she had gone to his shop for collecting pieces of cloth for preparing a doll. Accused could offer no explanation as to the presence of blood and semen on his underwear. 6. Why should Kulwinder Kaur, who was a raw girl of 6-7 years old, have come forward and state that she was raped by the accused when she had gone to his shop for collecting pieces of cloth for preparing a doll. Accused could offer no explanation as to the presence of blood and semen on his underwear. 6. In my opinion, charge of rape stood fully brought home to the accused by the prosecution by evidence which is quite inspiring and of unimpeachable character. No leniency can be shown to the accused in the matter of sentence when we look to his savage instinct. He was a fully grown up man, while the victim was a raw girl aged 7 years. He was a brute who pounced upon a helpless girl and tore her vagina. For the reasons given above, this appeal fails and is dismissed.