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"Isne apni peshab karne wali jagah meri peshab karne wali jagah par lagaya, mughe dard hua aur main chillai kya baat hai bhaiya. Usne mughe lita diya aur poora kaam kara aur phir mughe dard hua."

Accused also extended threat to kill her in case she would tell this incident to her parents or any other person. She went down stairs while weeping but did not tell the incident to her mother due to fear. When she FIR NO. 826/06, P.S NAND NAGRI, U/SEC. 376/342/506 IPC, STATE VS DEEPAK came back from her school next day then she narrated all facts to her mother but her father was not at home at that time. On the next day morning she alongwith her parents went to PS and lodged the report. Police recorded her statement which is Ex. PW1/A bears her signature at point A. She further deposed that police officials took her to GTB hospital and was got medically examined.

12.PW1 prosecutrix disclosed her age as 10 years before doctor who had conducted her internal medical examination vide MLC Ex. PW5/A. The opinion given by the doctor on the MLC Ex. PW5/A is alone sufficient to demolish the testimony of prosecutrix which is as follows :

"Hymen of the prosecutrix found torn", without any external or internal injury on her private parts."

13.On the other hand PW2 prosecutrix in her statement clearly stated that accused removed her clothes, his clothes, put his penis on her vagina (isne apni peshab karne wali jagah meri peshab karne wali jagah par FIR NO. 826/06, P.S NAND NAGRI, U/SEC. 376/342/506 IPC, STATE VS DEEPAK lagaya, mughe dard hua aur main chilai kya baat hai bhaiya). When she raised noise he got her mouth closed (usne mughe lita diya aur poora kaam kara aur phir mughe dard hua). In view of the testimony of prosecutrix it is established that accused had committed complete sexual intercourse while inserting his penis through vaginal orifice, and in such type of complete sexual intercourse committed upon the female aged about 10-12 years, the possibility of internal/external injury with bleeding cannot be ruled out.

FIR NO. 826/06, P.S NAND NAGRI, U/SEC. 376/342/506 IPC, STATE VS DEEPAK

21.On the contrary Ld. Addl. PP for state submitted that PW1 prosecutrix Aarti is a minor girl aged about 10-12 years and she on oath before the court clearly stated that on 3.10.06 at about 11:00 p.m when she was studying in a varandah, her mother was also sleeping there, accused came down stairs and asked her for a glass of water. She went up stairs at the room of accused and brought a glass of water. Accused instead of taking water removed his and her undergarments, made her be on the ground and put his penis on her vagina (isne apni peshab karne wali jagah meri peshab karne wali jagah par lagaya, mughe dard hua aur main chillai kya baat hai bhaiya) when she raised a noise she got her mouth shut (usne mughe lita diya aur poora kaam kara aur phir mughe dard hua). Accused penetrated his penis in her vagina and her testimony is further corroborated by PW2 Guddi mother of prosecutrix, PW3 Vinod Kumar father of prosecutrix. The proof of age of prosecutrix Aarti is proved by PW4 Mahindri Devi, Principal, Nagar Nigam Prathmic Vidalaya, Dilshad Garden. She produced certificate Ex. PW4/A mentioning therein the date of birth of Kumari Aarti as 2.3.96. PW5 Dr. FIR NO. 826/06, P.S NAND NAGRI, U/SEC. 376/342/506 IPC, STATE VS DEEPAK Seema Sharma also recorded the history revealed by prosecutrix Aarti wherein she stated that she was called by the tenant Deepak living in the same building, on 4.10.06 at about 1:00 a.m, Deepak closed the door, undressed the patient and misbehaved with her. She also opined that her hymen was torn, no mark of injury or love bite seen, two smear slide from vulva were taken and handed over to lady constable and she also referred the prosecutrix to X-ray department for ossification test and her detailed report is Ex. PW5/A and in view of all the testimonies of prosecutrix, her mother, her father and Dr. Seema Sharma (PW5) it has become crystal clear that prosecutrix was raped by the accused person without her consent although she was a minor girl of aged about 10-12 years.