Pradeep Nandrajog, J.

1. Criminal law was set into motion when at around 05.54 P.M. on October 06, 2012, an entry was made in the PCR form Ex.PW-2/A by Lady Ct.Anita PW-2, to the effect that a call has been received from the mobile number 8627122482 informing that a wrong act has been committed with a four years old girl near Kendriya Vidyalaya, Naraina. Lady Ct.Anita immediately transmitted the aforesaid information to Police Station Naraina where Ramji Pandey PW-3, recorded DD No.25A, Ex.PW-3/A, noting the aforesaid information.

2. Being handed over a copy of DD No.25A, accompanied by ASI Manju Dhyani PW-22 and Ct.Dinesh PW-15, SI Dhara Mishra PW-24, proceeded to Kendriya Vidyalaya, Naraina and found a crowd gathered there. On making enquiries, the police officials learnt that a four years old girl has been sexually assaulted and that the said girl has been removed to Safdarjung Hospital by a PCR van. Simultaneously, Ct.Laxmi Kant PW-17, who also received information recorded in DD No.25A reached the spot. The girl who was sexually assaulted was named ‘N’ aged about two and half years.

3. Leaving Ct.Laxmi Kant PW-17, at the spot, SI Dhara Mishra PW-24, ASI Manju Dhyani PW22 and Ct.Dinesh PW-15, proceeded to Safdarjung Hospital where they learnt that ‘N’ has been admitted in the Gynecological Ward of the hospital and is not fit to make a statement as recorded in the MLC Ex.PW-1/A of N. We note that following was recorded on the MLC Ex.PW-1/A of ‘N’:-

“Patient ‘N’3 ½ yr old female child came in GRR at 6:30 pm on 6/10/12 along with PCR police constable name Virender (Belt No 7685) and with (illegible) mother and uncle Sonu. According to PCR police and uncle, patient is victim of rape. Police brought patient from road, Near Kendriya Vidyalaya W- 3, Ring Road, Naraina in naked body.

Perennial tear involving vagina, perennial body and rectum.

Bruises mark on patient neck & cheek mud present on patient body & face near lip.”

4. Thereafter the aforesaid three police officials returned to the spot and made inquiries about the person who had sexually assaulted ‘N’ but got no information in said regard. While making enquiries, SI Dhara Mishra met one Shahid Khan PW-5, who informed her that he had seen one boy aged about 21-22 years taking ‘N’ to the jungle near Kendriya Vidyalaya, Naraina earlier in the day on October 06, 2012. SI Dhara Mishra recorded the statement of Shahid Khan under Section 161 Cr.P.C.

5. SI Dhara Mishra PW-24, made an endorsement Ex.PW-3/C beneath the copy of DD No.25A and sent the same through Ct.Dinesh PW-15, to the Police Station for registration of an FIR. Ct.Dinesh PW-15, took the endorsement Ex.PW-3/C to the police station where Ramji Pandey PW-3, registered FIR No.158/2012, Ex.PW-3/B, under Section 376 IPC.

6. SI Dhara Mishra PW-24, again went to Safdarjung Hospital where Dr.Anita Yadav PW-1, handed over vaginal secretion, blood sample and rectal swab of ‘N’ and secretion found between the fingers of ‘N’ to her i.e. SI Dhara Mishra who seized the same vide memo Ex.PW-22/A. The aforesaid articles were deposited in the Malkhana on the same day i.e. October 06, 2012.

7. On the next day i.e. October 07, 2012, SI Dhara Mishra PW-24, went to the place of occurrence where she found the skirt, vest and underwear worn by ‘N’ at the time of incident and a leaf stained with blood. SI Dhara Mishra seized the aforesaid articles vide memos Ex.PW-3/A and Ex.PW-3/C.

8. On October 10, 2012 ASI Manju Dhyani PW-22 and Ct.Moti Lal PW- 19, took aforesaid (sealed) articles (vaginal secretion, blood sample and rectal swab of ‘N’ and secretion found between the fingers of ‘N’, clothes worn by prosecutrix at the time of incident and blood stained leaf found from the place of occurrence) to AIIMS, New Delhi and deposited the same with Dr.Anupama Raina, Senior Scientist, Department of Forensic Medicine and Toxicology, AIIMS for the purposes of DNA profiling.

9. On October 20, 2012 at about 11.00 P.M. Sujeet Kumar (hereinaf