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15) At about 2.30 p.m. of 5-7-1994 accused No.4 of Sessions Case No.139/1994 returned to the railway quarters. He had brought with him a bottle of liquor and some food items. He gave the food items to the victim girls and asked the aforesaid young boy to leave the 14 Appeal 153/99 group quarters. When the young boy left the quarters, accused No.5 of Sessions Case No.139/1994 took PW-4 to one room and there he raped her. Accused No.4 of Sessions Case No.139/1994 raped PW-5. In this railway quarters, a lace of the Salwar which PW-5 was wearing got broken and so the lace of the shoe of accused No.4 of Sessions Case No.139/1994 was used for the Salwar by PW-5.

16 Appeal 153/99 group

18) The lady police constable Giribai reached PW-4 to Partur by train. After returning from Partur, Giribai took PW-5 to Purna Railway Police Station. There, the FIR of PW-5 came to be recorded and the crime at CR No.29/1994 came to be registered on 7-7-1994. PW-5 was taken to Parbhani for medical examination on 7-7-1994 and she was medically examined. During course of investigation her clothes (Salwar and Kurta) were taken over.

39) The evidence of PW-5 shows that on 7-7-1994 she was taken to Parbhani for medical examination and there a lady medical officer examined her. She has given evidence that on 8-7-1994 PSI Khan took over the clothes, Salwar, Kurta, Punjabi dress and she was wearing those clothes, article Nos.9,10 and 11, Salwar, Kurta and Odhani at the relevant time. She has specifically stated in the evidence that in Salwar, articles 9 the lace is of a shoe.

112) At Exhibit 204 there is CA report in respect of clothes of PW-5 (Salwar, Kurta and Jangiya). Jangiya was taken over on the next day. Salwar and Kurta were taken over on 7-7-1994. Blood was present on these clothes and it was of Group "A". PW-5 has the same blood group. It is not brought on record in her evidence that she was observing menstruation. In view of these circumstances and as the clothes were taken over immediately after making of the disclosure by PW-5 and that too by PSI Khan against whom there are allegations, this Court holds that there is no reason to disbelieve this circumstance. The hymen had fresh tear, it was congested and so this circumstance becomes more important.