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4. Ld. M.M after taking cognizance of the offences u/sec. 363/376/368/506 IPC against the accused, supplied the copies of the report u/sec. 173 FIR NO. 157/06 , P.S WELCOME , U/SEC.363/366/376 IPC ST. VS FAMMU Cr.P.C to the accused, as required u/s 207 IPC, committed the case to the court of Sessions and on turn allocated to this court for trial therefore, case was fixed for consideration of charge.

5. Arguments on the point of charge heard. After hearing arguments and on perusal of the material placed on record and the statements of witnesses recorded by the IO a prima facie case u/sec. 363/366/376/506 IPC was made out against the accused Fammu s/o Nizamuddin, charge framed accordingly by the then Ld. ASJ vide order dt. 2/9/06 to which he pleaded not guilty and claimed trial, therefore, case is fixed for prosecution evidence.

ii) PW 2 is the mother of the prosecutrix and she deposed that she has two daughters namely Anjali(prosecutrix) and Priyanka. Anjali is elder to Priyanka and Anjali has completed ten years in the month of June 2007. She further deposed that on 13/4/06 there was Bhandara at Babbar Pur on the eve of Hanuman Jayanti. She had gone to the weekly market to purchase some clothes, after leaving her husband and two daughters at home. At about 2/2.30 P.M when she was returning from the market on rickshaw and entered in Chajju gate FIR NO. 157/06 , P.S WELCOME , U/SEC.363/366/376 IPC ST. VS FAMMU she saw her daughter Anjali was being caught hold by one boy. She got down from the rickshaw and rescued her daughter from the clutches of that boy. Many persons gathered there. Her daughter started crying and narrated the whole incident to her and stated that accused took her forcibly at the point of broken glass for committing sexual assault with her ( attempt to commit rape). He also extended threats of throwing her on wires in case she would raise objection against his desire. Her daughter also narrated that accused committed 99 offences of sexual assault earlier and she was the 100th target. She further stated that the accused took her near the transformer, removed her kachi(underwear) and try to commit rape with her and also extended threats of killing her. Next day she took her daughter at the spot. The boy who had committed sexual assault on her daughter was found present there, accused was apprehended and took him to a gali and was beaten by the public persons but he again managed to fled away from the spot in the next Gali and hide himself in a toilet. Police was informed, accused was apprehended and was taken to the police FIR NO. 157/06 , P.S WELCOME , U/SEC.363/366/376 IPC ST. VS FAMMU station. Statement of her daughter was recorded in her presence. She was taken to GTB hospital and name of boy was revealed as Fammu. She also identified the accused present in the court who committed offence of sexual assault with her daughter.

v). PW5 corroborated the testimony of PW 4 and deposed that on receipt of an information vide DD No. 38B, he along with ASI Raj Pal he reached at the spot i.e at Babbar Pur and found many persons, FIR NO. 157/06 , P.S WELCOME , U/SEC.363/366/376 IPC ST. VS FAMMU gathered there. One boy who had already been beaten by the public was also present. ASI Raj Pal made enquiries from the public and during enquiry one girl whose name was revealed as Anjali and her mother Smt. Laxmi came forward. The statement of girl was recorded by the IO, he made endorsement on the same and handed over to him for registration of the case. Accordingly he went to the police station and got the FIR registered and returned back at the spot with the with the copy of FIR and rukka and handed over the same to the IO. He further deposed that on the direction of the IO he took the accused to GTB hospital for medical examination and identified the accused correctly in the court. Accused was arrested vide memo Ex.PW 5/A, his personal search Ex.PW 5/B was taken, bearing his signatures at point A. After medical examination of the accused doctor also handed over two samples including one sample seal of GTB hospital which he handed over to the IO. Seizure memo of exhibits was prepared by the IO which is Ex.PW 5/A bearing his signatures at point A. FIR NO. 157/06 , P.S WELCOME , U/SEC.363/366/376 IPC ST. VS FAMMU During his cross-examination he deposed that when they reached at the spot they saw some swelling on the face of the accused due to beatings given by the public but no blood was oozing from the person of accused. Rest of the his testimony is reiterated as given by him during his examination in chief.

Xii) PW11 brought the original birth registration register pertaining to prosecutrix Anjali. As per record the date of birth of prosecutrix Anjali is shown as 24.6.95. The photo copy of the birth certificate of the female child is Ex.PW 1/A bearing his signatures at point A and B respectively (OSR).

Xiii) PW 12 is doctor who identified the signatures of Dr.Richa Aggarwal who had medically examined the prosecutrix. She deposed that she had seen the MLC of Kumari Anjali d/o Brijesh aged about 10 years who was brought at GTB Hospital by SI Beena Thakur at about FIR NO. 157/06 , P.S WELCOME , U/SEC.363/366/376 IPC ST. VS FAMMU 1.15 a.m on 15/4/06 with the alleged history of being absconded by an unknown person named Fammu on 13.4.06 at 1.30 P.M. It is also alleged that she was taken to some isolated/lonely place and was subjected to sexual assault. It is also mentioned in the history that patient has taken bath and changed her clothes after assault. Patient was medically examined by Dr. Richa Aggarwal who has left the services of the hospital and her present where abouts were not known as per hospital record. She identified the signatures of Dr. Richa Aggarwal as she had seen her while signing and writing. She identified the signature of Dr.Richa Aggarwal on the MLC prepared by Dr. Richa Aggarwal, Ex.PW 12/A bearing the signatures of Dr. Richa Aggarwal at point A. She also stated that on examination of prosecutrix there was no external injuries seen on the person of Anjali, she was conscious oriented and her vitals were stable. Her breast was under developed, axillary & pubic hair were absent. She further stated that on local examination hymen was found intact but congested which means FIR NO. 157/06 , P.S WELCOME , U/SEC.363/366/376 IPC ST. VS FAMMU hymen was inflamed. She also stated that area between the vulva and anus was congested and tender. The vaginal smear taken with the tip of finger and handed over to SI Beena Thakur. Patient was also advised for ossification test.