Indian Kanoon - Search engine for Indian Law

(7) PW7 Ms. Swati Sharma has deposed that in the year 2011 she was working as a Project Manager with Child Line, Prayas NGO and on 05.08.2011 at about 11:30 AM she received information from Sneh Sadan, Khera Khurd, NGO, Delhi about admission of a girl aged 15 years 'P' as the doctor informed her that she (prosecutrix) was sexually abused by her step father and thereafter, she immediately went to Sneh Sadan, Khera Khurd, Delhi where Dr. Anita and Dr. Sheela met her there.

(11) PW6 Dr. Anita Harish Medical Officer of Child Survival India, Sneh Sadan, Community Care Center, Village Khera Khurd, Delhi has deposed that on 03.08.2011 the prosecutrix 'P' aged 15 years, female was brought at said Community Care Center by her step father Sabhajeet with complaints of repeated vomiting for last ten days and vaginal warts for three four months and ammonerrhoea for six weeks and the last mensuration date since 23.06.2011. According to her, the girl/ child confided in the nurse attending to her that her step father had been repeating making physical relations with her and sexually abusing her in front of her siblings as they were staying in one room and this he was doing after the death of her mother in the February, 2011 who had expired on account of HIV AIDS. She also told the nurse that her step father used to give her pills for abortion. The witness has testified that while the child was still in community center and they were attending to her, the step father Sabhajeet taking advantage of the absence of nurse who left the child unattended for sometime, slapped her and gave her some pills and left, after which the child (prosecutrix) immediately pointed this out to them. According to the witness, on coming to know of this they immediately informed the Child Line and the child (prosecutrix) also gave these details to them (Child Line) in writing, copy of which they handed over to the representative of the NGO which is Ex.PW6/A. She has also deposed that the UTP of the child was done and the exhibits were collected, sealed with the seal of the hospital which envelop is Ex.PW6/B and which they handed over to Swati Sharma from Child Line. The witness has also deposed that the girl/ child did not want to go back home due to which reason they handed over the child to the Child Line/ NGO. She has proved having prepared her detailed report which is Ex.PW6/C. According to her, the prosecutrix 'P' and her step father handed over four documents of BSA Hospital to them and they handed over those documents to Swati Sharma along with her report. The witness has also deposed that the prosecutrix 'P' as well as her younger sister aged eight years were tested for HIV keeping in view the history of the family as the mother of the children had expired on account of HIV/ AIDS and the step father Sabhajeet was also positive along with a younger sibling born out of Sabhajeet and the natural mother of the children. Both 'P' and her younger sister at that time tested negative for HIV. On a specific Court Question the witness has deposed that the prosecutrix 'P' tested negative for HIV but that does not mean that the HIV virus has not infected her and has voluntarily added that she could be in the window period and another HIV testing is required after three months.

She has explained that the HIV virus starts showing up after about three to six months and also depends upon the immunity level of the victim. In her cross examination, the witness has deposed that the alleged history was given to them by the victim 'P'.

(12) PW11 Dr. Meenakshi Bansal has deposed that on 05.08.2011 she was posted at BJRM Hospital and on that day the prosecutrix 'P' d/o Sabhajeet Maurya, aged 15 years female was brought at BJRM Hospital by WCt. Parul and Swati Sharma of Prayas NGO. According to her, Dr. Meet medically examined the prosecutrix at the Casualty of the hospital and prepared the MLC No. 29636 which is Ex.PW11/A and referred the prosecutrix for Gyane department for medical examination and for further management. She has also deposed that in the Gyenae department she medically examined the above said prosecutrix 'P' with alleged history of repeated sexual assault by her step father since three months and last assault was about 20 days back. The patient further informed her that the step father was VcTc positive (HIV) and that her mother was also VcTc positive (HIV) and had expired in January 2011. She has further deposed that the patient also disclosed that she has a step brother who was VcTc positive and was admitted in the hospital. According to the doctor after the medical examination of the patient she gave her detailed observations from point X to X of Ex.PW11/A and Swati of NGO of Prayas and Lady Ct. Parul put her signatures. According to the witness, during examination of the prosecutrix her last menstrual period was on 23.06.2011 and UPT was positive on 03.08.2011 which had been done in Sneh Sadan. She has testified that on examination the vitals of the patient were stable and on local examination hymen was torn. The witness has also deposed that there were no sign of injuries seen and introits admitted two fingers and on per­speculam examination; there was no bleeding and on per vaginal examination uterus was ante verted just bulky to normal size and the examining finger was stained with blood but os was closed. The witness has testified that the patient 'P' was admitted in the ward for further management. PW11 Dr. Meenakshi Bansal has also proved the handwritings and signatures of Dr. Kalpana which are at encircled portion from point Y to Y­1 of Ex.PW11/A according to which observations the patient underwent dilatation and evacuation on 09.08.2011. She has further deposed that the products of conception were obtained and sent for histopathological examination and forensic examination on 09.08.2011 and the patient was discharged on 09.08.2011 at about 7.00 PM and samples were handed over to HC Usha. She has also proved the discharge summary Ex.PW11/B prepared by Dr. Kalpana.

On 03.08.2011 prosecutrix 'P' aged 15 years, female was brought at above said Community Care Centre by her step father Sabhajeet with complaints of repeated vomiting for last ten days and vaginal warts for three four months and ammonerrhoea for six weeks and the last mensuration date since 23.06.2011. The girl/child confided in the nurse attending to her that her step father had been repeating making physical relations with her and sexually abusing her in front of her siblings as they were staying in one room and this he was doing after the death of her mother in the February, 2011 who had expired on account of HIV AIDS. She also told the nurse that her step father used to give her pills for abortion. Here I want to point out that while the child was still in community centre and we were attending to her the step father Sabhajeet taking advantage of the absence of nurse who left the child unattended for sometime , he slapped her and gave her some pills and left which the child immediately pointed out to us. On this we immediately informed the Child line. The child also gave these details to us in writing, copy of which we handed over to the representative of the NGO. I have brought the original today. The same is Ex. PW­6/A (copy supplied to the counsels for the accused). The UTP of the child was done and the exhibits were collected, sealed with the seal of the hospital which envelop is Ex. PW­6/B and handed over to Swati Sharma/Child Line. The girl /child did not want to go back home and hence, we handed over the child to the Child Line/NGO. I prepared my detailed report vide Ex.PW­6/C which bears my signatures at point A. prosecutrix 'P' and her step father handed over four documents of BSA Hospital to us and we handed over those documents to Swati Sharma alongwith my report.