TaxTMI 
TaxTMI 
1989 (1) TMI 368
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....ed Sessions Judge convicted him under Section 376, I.P.C., and sentenced him to suffer imprisonment for life and to pay a fine of Rs. 2,000/-, in default to suffer rigorous imprisonment for a further period of two years. On appeal, the High Court while confirming his conviction under Section 376, I.P.C., reduced the substantive sentence from imprisonment for life to rigorous imprisonment for seven years but retained the order regarding payment of fine and the punishment in default thereof. Thereupon the appellant has approached this Court under Article 136 of the Constitution of India. 2. The facts in brief are that PW-1 Kanchana Devi had gone to Balarahi Khad with her two younger sisters on the morning of 15th June, 1979 for taking a ba....
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.... next morning the prosecutrix, her parents and the Sarpanch went to the Police Station where the girl filed the report which is on record at Exhibit P-A. 3. PW-1 Kanchana Devi narrated the incident as stated above in detail in her deposition before the Court also. Except for one or two minor omissions, her evidence is consistent with the report Exhibit P-A. She has stated that on that, afternoon the appellant forcibly lifted her and took her to the lower level where he had sexual intercourse with her. According to her the appellant removed her trousers, thereafter removed his clothes and despite resistance from her inserted his organ into her vagina as a result whereof she experienced great pain and began to bleed profusely. She disclose....
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....e felt that it would not be possible to secure her presence without undue delay,. and therefore, permitted the prosecution to prove the certificate through PW-2 Dr. Kapila, who was conversant with her handwriting and signature, he having worked with her for about two years. He stated that the carbon copy of the certificate Ex. P-E was prepared by Dr. Vedwa by one process and bears her signature. The learned Counsel for the appellant contended that this certificate was inadmissible in evidence since the prosecution has failed to prove that the original certificate was lost and not available. Section 32 of the Evidence Act provides that when a statement, written or verbal, is made by a person in the discharge of professional duty whose attend....
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....risingly no question was put to Dr. Kapila to solicit his opinion in this behalf. 6. PW-9 Dr. Mahajan examined the prosecutrix with a view to ascertaining her age. After her radiological examination, he opined that she was between 81/2 and 12 years of age on the date of the incident. The evidence of this witness corroborates the say of the prosecution witnesses that she was around 11 or 12 years of age on the date of the incident. 7. The leaves attached from the place of occurrence, the slides, the swabs and the Salwar were forwarded to the Chemical Analyser and Serologist for examination and report Exhibit P-N shows that there was blood on the leaves and the Salwar. However, no spermatozoa were found on any of the exhibits. The repor....