Law: Evidence Act, (1 of 1872)

Section: 32 , 62

  Evidence Act (I of 1872)--- ----Ss. 32 & 62, Expln. 2---Carbon copy made by one uniform process of certificate of doctor given in discharge of professional duty---Doctor's attendance could not be procured without an amount of delay---Copy is admissible in view of S.32 and also being primary evidence within Expln. 2 of S. 62. Penal Code (XLV of 1860)--- ----S.376---Rape---Penetration---Proof---Absence of hymen with edges torn and profuse bleeding from vagina---Accused, strong robust man---Doctor opining that vagina admitted one finger with difficulty---Absence of penetration cannot be inferred on that basis. Criminal Procedure Code (V of 1898)---- ----S.154---First Information Report---Delay---Rape---After narration of occurrence to mother and other ladies they deciding to await return of prosecutrix's father---On contacting Sarpanch by father, Sarpanch agreeing to accompany next morning, it being already dark ----F.I.R. lodged next day---No delay.--[Delay]. Evidence Act (I of 1872)--- ----S.3---Witness---Credibility---Offence of rape ---Prosecutrix and her parents would not allow real culprit to escape and falsely involve innocent person in commission of crime. Penal Code (XLV of 1860)--- ----S.376---Rape---Absence of spermatozoa by itself cannot cast doubt on prosecution case. 1981 Cr. LI 1317; 1980 Cr. LI 1380 and AIR 1962 Cal. 641 ref. Balakrishana Gaur: Amicus curiae. K. G. Bhagat, Senior Advocate, Harish Kumar Sharma and Ms. A. Subhashini, Advocate for Respondent. JUDGMENT A.M. AHMADI, J.--The appellant Prithi Chand, a youth of about 18 years, was prosecuted for committing rape on PW-1 Kanchana Devi, a girl of tender age of 11 or   12 years, on the afternoon of 15th June, 1979 at a place known as Kutkharpati in village Kot, Tehsil Palampur of Himachal Pradesh. The learned 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…