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accused was present and at the instance and identification of the prosecutrix, the accused was arrested vide arrest memo (Ex. PW11/A), and his personal search was conducted by Ct. Kishan (PW11) on the directions of IO/SI Vipnesh and personal search memo (Ex. PW14/E) was prepared. IO/SI Vipnesh (PW14) took the prosecutrix (PW1) to the place of incident from where her clothes i.e. handkerchief, small towel of light yellow colour (Ex.P-1) and underwear (Ex.P-2) were recovered vide seizure memo (Ex.PW1/B). W/Ct. Shashi Bala (PW15) took her to DDU hospital for her medical examination and her parents had also accompanied her. She was medically examined by Dr. Manoj Kumar (PW4) vide MLC (Ex. PW9/A) and doctor had referred her to Department of Gyane for her internal medical examination where she was medically examined by Dr. Rupali Sharma (who has since left the services of the hospital) vide MLC (Ex.PW9/A) and the MLC has proved by Dr.Preeti Bhaduria (PW-13). The blood and the other samples of the prosecutrix were taken by the doctor which were seized by the IO vide seizure memo (Ex.PW14/C). Ct. Kishan (PW11) was sent to the DDU hospital along with the accused for his medical examination and after his medical examination, Ct. Kishan (PW11) brought him to PS Moti Nagar and IO/SI Vipnesh (PW14) along with her staff had already reached there. Ct. Kishan handed exhibits of the case in sealed condition along with the sample seal and IO/SI Vipnesh seized the same vide seizure memo (Ex.

21.Therefore, the identity of the accused stands established.

AGE OF THE PROSECUTRIX

22. There is no dispute that the prosecutrix was above 18 years of age at the time of the incident. In her complaint (Ex.PW1/A), her MLC (Ex.PW9/A) and in her evidence before the Court, the prosecutrix has mentioned her age as 23 years. As per the prosecution, she was a major at the time of the alleged incident.

23.Therefore, it is clear that the prosecutrix was a major at the time of incident.

VIRILITY OF THE ACCUSED Sessions Case Number : 70 of 2013.

Unique Case ID Number : 02401R0167562012.

FIR No. 22/2012, Police Station Moti Nagar, Under sections 376/328/506 of the Indian Penal Code. State vs Anil Kumar Shukla. -:: Page 16 of 61 ::-

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24. Dr.Manoj (PW9) under the supervision of Dr.Ajay Sharma had medically examined the accused vide MLC (Ex.PW9/B). He has not been cross examined on behalf of the accused due to which his evidence remains uncontroverted and unrebutted and can be presumed to be admitted by the accused.

MLC OF THE PROSECUTRIX

28. It has been argued on behalf of the accused that as there is no medical and forensic evidence against the accused, it indicates that he has been falsely implicated in this case as the prosecutrix does not have any injury as per her MLC (Ex.PW9/A) and when her samples taken during her gynecological examination were compared with those of the accused, nothing incriminating was Sessions Case Number : 70 of 2013.

Unique Case ID Number : 02401R0167562012.