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Jahanvi Meena (PW-9), Senior Resident (Gynaecologist) and was proved by her at the trial (vide Ex. As mentioned earlier, medical examination followed by ultra-sound examination confirmed the pregnancy. PW-10/B) by the Investigating Officer (PW-10) in the presence of constable Pawan (PW-11) who is a signatory to the arrest memo. As per the evidence of PW-13, the appellant was referred to forensic medicine department for further examination. On the basis of the said report of medical examination, PW-12 has affirmed not only about the absence of any indication of incapability of the appellant in engaging in sexual intercourse but also, and more importantly, about he having preserved biological samples including sample of the blood of the appellant in a piece of gauze.
Pertinent to mention here that the examining medical officer (PW-9) had also set out the facts narrated to her by the prosecutrix at the time of medical examination attributing the pregnancy to sexual intercourse committed by the appellant. It is not disputed that the appellant was arrested on at 11.55 p.m. As per their evidence, the arrest was made from Munirka bus stand. Thus, the appellant was taken to the department of Forensic Medicine and Toxicology in All India Institute of Medical Sciences (AIIMS) on whereupon he was medically examined by Dr. The cross-examination of the witnesses relating to the above mentioned investigative steps would not make any dent in the evidence for the prosecution. As noted earlier, the prosecutrix gave birth to a male child on .
The trial held in the court of Additional Sessions Judge, also designated as Special Court under Section 28 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) for New Delhi district, had arisen out of report under Section 173 of the Code of Criminal Procedure, 1973 (Cr. C), submitted by Station House Officer (SHO) of Police Station Vasant Vihar (the police station) on , upon conclusion of investigation into first information report (FIR) No. The Special Court, by its order dated , upon perusal of the complaint and other documents submitted with the said report (charge-sheet), had taken cognizance of offences punishable under Sections 354A, 376 and 506 of Indian Penal Code, 1860 (IPC) read with Sections 4 and 5 of POCSO Act.
163/2013) on the charge with the gravamen of he having assaulted and committed forcible sexual intercourse with his less-than-14 years‟ old step- daughter making her pregnant with his child and subjecting her to criminal intimidation.
She narrated events going back to the time when the prosecutrix had just turned 11. But, the order on sentence was pronounced by her successor who, for unexplained reasons, chose to mete out punishment to the appellant for the graver offence (Section 6 of POCSO Act) for which there was neither a charge laid nor conviction recorded. The order on sentence reveals gross confusion prevailing in the mind of the trial judge with regard to the inter-play of various provisions dealing with the issue of compensation in such cases as at hand. The substantial part of the evidence adduced by the prosecution at the trial in support of its case against the appellant was admitted by him in the course of his statement under Section 313 Cr. C., which evidence, even otherwise being wholly reliable, deserves to be accepted and set out at the outset as territory which is beyond dispute. The victim (who we may also be referring to as "the prosecutrix") was born on to PW-3 (mother of the prosecutrix) out of her first marriage that took place about 20 years prior to the incidents which are subject matter of the case. The impugned judgment was passed by another presiding officer holding the appellant guilty as charged.Some conversation between the employer (PW-4) and the victim (PW-2), to which we shall advert later, aroused suspicion of the former.
She arranged a visit to the doctor and, on advice, the child victim was put to ultra- sound examination in the clinic of PW-8 on 8.10.2013 revealing the pregnancy. We must add here that the medical opinion (per PW-4) received at the stage of revelation of pregnancy was that the foetus could not be aborted as it was past the time such procedure would be permissible and thus, steps had to be taken to secure the health of the victim and the child she was carrying to the stage of safe delivery.
PW-16, with her colleague, went to the house of PW-4 on where they interacted with the prosecutrix and her mother.