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Relying on the testimony of P.W.13, Dr. S.S. Bhise, more particularly, on his report, where 26 injuries are reported by him, it is submitted that, the opinion of P.W. 13 suggests sexual assault by multiple persons; he has opined that the injuries are possible by the stick, Article 'E', which was shown to him. The first Doctor, P.W. 11 Dr. Phad who examined the prosecutrix, immediately after the incident had noticed that there are multiple tears and tenderness on the vaginal wall, therefore, the prosecutrix was immediately referred her to J.J. Hospital for further examination. Dr. Hemlata Pande, P.W. 12 examined the prosecutrix and found bite marks on her right cheek, left lower bottom jaw, left and right breast, which is consistent with her statement. Rajeshri Aher CR. APEAL 229 OF 2017 COMMON, J.ODT Upon analysis of the injury on the right cheek of the prosecutrix, which was alleged to be as a result of bite by accused Kalu, on its comparison with Kalu's Dentition, it matched and coincided with the prosecutrix. Thus, it unequivocally proves the allegation that, Kalu had bitten her on the cheek. As regards the DNA report, it is submitted that the DNA report of A-3 matched with the vaginal swab, and the semen found on the saree of the prosecutrix and the semen sample on the petticoat, matched with A-4, A-5 and A-6.

In the light of the above settled legal position, we have to examine the evidence of the prosecutix. She has given names of accused Ajay, Vishal, Dastagir and Wasim, in the Rajeshri Aher CR. APEAL 229 OF 2017 COMMON, J.ODT complaint. According to her, she knew four of them since they were also residing in Amarnagar area, yet she has not described them, by giving any specific identification marks. She has admitted in her cross-examination that, she had not stated about specific identification of any of the accused to the police. Thus, the question that arises is that, if the prosecutrix was already knowing the accused was there any necessity to conduct the Test Identification parade. She admits that she already knew the four accused and they were addressing each other by their names, at the time of incident. During the TI Parade, she has identified accused Vishal. According to her, there were two incident of sexual assault, one near the Om Sai Chinese Hotel, where accused namely, Vishal, Ajay, Dastagir, Wasim, Mannu, Mahesh and Hamal have committed the offence. In the second incident at Rahulnagar Jungle, allegations are against Dhiru and Kalu, where they have repeatedly committed sexual assault on her. In the second incident she made specific allegations against Kalu of inserting a stick in her Vagina repeatedly, as a result of which she started bleeding. There were bruises on her face, chest and breast.

Hence she referred the prosecutrix to J. J. Hospital for further treatment and examination. PW-10 Dr. Prajakta Ahire is the Doctor in the Department of Obstetrics and Gynecology at Sir J.J. Group of Hospitals, Mumbai. The medical history recorded by her, as narrated by the prosecutrix reveals sexual assault by 9 to 10 unknown persons, with a history of insertion of stick of a size of 10 c.m in length to 5 c.m. in diameter. Upon examination by her, it was noticed that there were bruise marks over right breast and scratch marks over both breasts. On local examination, the labia minora vaginal mucosa were normal. No external injuries were found. Upon rectal examination there was no Rajeshri Aher CR. APEAL 229 OF 2017 COMMON, J.ODT injury. It is admitted that no foreign object is present in the vagina, which does not support allegation of repeated insertion of stick attributed to accused Kalu and allegation of carnal sex.