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11. The victim girl specifically deposed as PW2 regarding the incident that was taken place on 2.4.2014 that, the accused had committed aggravated penetrative sexual assault and aggravated sexual assault by biting both breasts of he victim girl in her house by bolting the door at about 10.30 A.M. PW1 deposed that, it was brought to her notice when she returned back from the work place on the said date of incident when her sister [PW3] informed the incident and also this complainant/PW1 enquired about the injury on the breasts of the victim girl, she disclosed the incident that, it was bite injuries caused by the accused and PW3 stated that the victim girl disclosed the incident when she was taking the victim girl for bath and noticed the bite marks on the breasts and on enquiry she disclosed the incident. Thus, PWs-1 and 3 have stated about the incident. The evidence of PWs-1 and 3 are considered to be relevant evidence under Sec.6 of Evidence Act as because from the evidence of PWs-1 and 3, it discloses that, they informed by the victim girl on 24.2.2014, when the victim girl was in the house at 10 A.M., at that time, the accused came inside her house, bolted the door of the house, laid down the victim girl on the cot and he laid down on her and had caused sexual assault by touching penis on her private parts and when the victim girl cried and tried to run away, again the accused caught hold of her and had bitten her both breasts and caused injuries. The victim girl shouted loudly and the accused gagged her mouth with his hands and gave life threat to her that he would kill her, if she discloses the said incident to anybody else. On the next day i.e., on 3.4.2014, when the maternal aunt i..e, PW3 took the victim girl for giving her [victim girl] bath, in the morning, she noticed the injuries caused to her [victim girl] breast and asked how it was happened. PW2[victim girl] explained the incident that, it was caused by the accused on the last day i.e., on 2.4.2014 in her house in the manner, as referred above. In this connection, PW1 specifically stated that it was told by her sister [PW3] and also on enquiry with the victim girl, she [PW2] disclosed the incident. There is no dispute regarding acquaintance of the accused, who was residing nearby the house of the complainant, along with his wife.

He did local examination of the victim girl and found bite marks over both the breasts. As he was not expert in forensic medicine and gynecological problems, hence, he informed Dr.Prathiba [PW4] and Dr.Kiran for further evaluation and management. He registered MLC and intimated the same through his hospital to the concerned police. The police intimation in connection with the history of victim girl and examination particulars to the concerned police on 3.4.2014 is marked a Ex.P6. He has admitted that, the chest injuries noted in Ex.P6 may be caused due to human bite. The chest injuries cause on both the breasts of the victim girl. He was not cross- examined by the learned defence counsel. It is clear proof of sexual assault on PW2/victim girl, as because the act of bite itself is criminal act. The manner in which it was happened as disclosed by PW2/victim girl herself is clear evidence of mental state of the accused that he done so on her sex organs [chest].

(e) CW19-R.Manjunath- the then Police Inspector of Rajagopalanagar police station deposed as PW12. He has stated that, on20.5.2014, he received the case file of this case from PW11. After completing of the investigation, he has filed charge- sheet against the accused. Cross-examination is only in the form of denial.

18. The relevant portion of incriminating evidence deposed by the victim girl[PW2] and her mother [PW1] and her maternal uncle[PW3] and material evidence and statement recorded by SJPU and also contents of Ex.P1 disclosing that, "accused had bitten the chest of the victim girl/PW2". The Mahazar-Ex.P2 pertaining to the spot and it was done in view of Ex.P1 i..e, "the place [house of PW1] where the accused bitten on PW2/victim girl and caused hurt [injury] and threatened of her life", Ex.P3, the statement recorded by PW13-SJPU on counseling, revealing that "When PW2/victim girl about to take key to lock her house after taking her meals at her house, the accused entered that house and bolted the door and took her to the room by holding her both hands and inspite of request to leave her, he removed her dress and laid her on cot and pressed her by hugging her and bitten on her breasts and gagged her mouth, and slept on her and he made his genital to touch her sexual organ and discharged urinals and he wiped it by her cloth and while asking why he done so, he by abusing her told her to wear the clothes and beaten her and made her to wear the clothes and also gave life threat, if she disclosed the said act to anybody else and went away from the house" and that she disclosed the incident to her maternal aunt-PW3 and mother-PW1 at the time of taking her to bath by PW3 and that "Nobody did so, except the accused and that the accused was doing so earlier also whenever her mother was not at house". Exs.P4, P6, P16 and P17 are revealing only molestation by accused [i.e, bite marks over breasts], medically reported that hymen was intact; Ex.P14-Statement recorded under Sec.164 of Cr.P.C wherein she [victim girl] disclosed that, the accused had put his genital organ on her genital organ. So, also she [victim girl/PW2] spoken to this effect during her evidence in the witness box. So, also she deposed about discharging of urinals and biting on her chest and gave life threat, if same was disclosed to anybody and the accused went away from the place of incident, etc. [At this juncture, it is necessary to disclose the manner in which the cross-examination was done and it has been recorded about unhealthy suggestions put to the victim girl, which is somewhat irritating to the child and my predecessor-in-office has recorded the same.] However, the collective effect of giving statement by the victim girl on different occasions before said authorized persons [ parents, Investigating Officer, Doctors, SJPU. Learned Magistrate and before this court], it is nothing but, proof of attempt of rape on the victim girl and it was by the very accused in the manner as discussed above and it is heinous in nature.

20. The learned counsel for the accused pressed upon the defence and put forth the arguments that, "Complainant is only regarding bite marks on the breast of the victim. There is no medical examination regarding the same nor the denture marks of the accused is examined by way of special examination and compared with the mark on the breast of the victim".

"Though the complaint is only regarding bite marks, the victim explains in the cross examination regarding penetration into her vagina by the accused. The said evidence is clear and has occurred again and again. It shows that the victim is having knowledge about the same. However the medical examination clearly states that, no occurrence of "sexual intercourse" therefore it is clear that the entire evidence is false and it is made only with malicious intension in collusion with the parents and other relatives of the victim".