CRIMINAL APPEAL NO. 711/2009

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CRL.A. 711/2009

Date of decision: 20^th September, 2010

LALIT KUMAR @ SONU ..... Appellant

Through Mr. Sumer Sethi, Advocate.

versus

STATE OF NCT OF DELHI ..... Respondent

Through Ms. Fizani Husain, APP for the

State.

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA

1.Whether Reporters of local papers may be

allowed to see the judgment?

2. To be referred to the Reporter or not ?

3. Whether the judgment should be reported

in the Digest ?

JUDGMENT(ORAL)

1.

By the impugned judgment dated 1^st April, 2009, the appellant

Lalit Kumar @ Sonu has been convicted under Section 376 Part I of the

Indian Penal Code, 1860 (hereinafter referred to as IPC, for short). By

the impugned order on sentence dated 13^th April, 2009, the appellant has

been sentenced to undergo rigorous imprisonment for ten years and

directed to pay fine of Rs.2,000/- and in default of payment of fine to

undergo simple imprisonment of six months.

2. On the question whether the prosecutrix was subjected to rape on

5^th September, 2005, the testimony of the prosecutrix who had appeared

as PW-6 and PW-3, Dr. Swati Kochhar clinches the issue. PW-3, Dr.

Swati Kochhar has stated that she had examined the prosecutrix at about

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9 a.m. when she had been brought before her with the alleged history of

rape at 6 a.m. The prosecutrix had a history of bleeding and pain in the

abdomen for two hours. There was history of trauma in the left eye. On

local examination, PW-3, Dr. Swati Kochhar found the hymen to be

absent and there was 0.5 cm vaginal abrasion, which means a tear in the

vagina which is possible due to forceful sexual intercourse. There was

bleeding from the vagina. In addition, PW-3 Dr. Swati Kochhar has

stated that the prosecutirx was bleeding from rectum, which indicates

that there was possible forceful intercourse, which had led to an internal

injury causing bleeding from the rectum. PW-3, Dr. Swati Kochhar has

stated that she took vaginal smears, which were sealed and handed over

to Head Constable Hoshiar Singh. In the report of the Forensic Science

Laboratory Exhibit PW-12/ C and D, it is stated that human semen was

detected on the said vaginal swabs, which were marked 1a and 1b.

3. The statement of prosecutrix PW-6 was recorded without oath by

the trial court. The prosecutrix is a rag picker and as per her statement,

she was only seven years old at the time of the incident and when her

statement was recorded in the court. However, as per the ossification

report Exhibit PW-4/A, the age of the prosecutrix was between 10.2 to

14.5 years. Before recording her statement, learned Additonal Sessions

Judge had taken precaution to make the prosecutrix at ease and to satisfy

himself whether she can make a statement. The prosecutrix in her

statement has stated that on 5^th September, 2005 at 5.30 a.m. in the

morning she had gone out to pick up waste paper when she met a person,

who told her that he can give her a bottle. The prosecutrix declined but

the person closed her mouth and took her behind the shop of the painter.

Thereafter, he took off her clothes. When the prosecutrix protested, she

was repeatedly slapped and her eye turned red. He had forced sexual

intercourse with her and she started bleeding. She went back to her

mother and narrated the incident. Mother of the prosecutrix called the

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police and she was taken to the hospital. The statement by the

prosecutrix before the police is marked Exhibit PW-6/A. She has also

stated that after making the statement, she took the police to the spot

where she had been raped and they collected a „durrie‟ as well as the

underwear of the prosecutrix from the spot. T