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(1) The speech of he witness impaired due to polio;

(2) The witness is incapable of understanding fully the questions on account of her infirmity;

(3) The prosecutrix cannot walk straight on account of polio attack. She limps and her right arm and right leg are damaged.

17. The trial court did not make this observation that the prosecutrix was incapable of understanding. During the course of her examination the learned Judge made the aforesaid remarks with respect to the power of understanding possessed by the lady when the prosecutrix was asked a question regarding her mother and she kept mum for a while and thereafter the learned Judge made the observations regarding her understanding. These observations in a way only reflected that the prosecutrix was a disabled young girl and her sense of understanding was observed not to have fully matured on account of her infirmity because one of the questions put to her could not be replied by the prosecutrix and the learned Judge while observing the prosecutrix in that behalf made such observations.

18. The prosecutrix while appearing as PW 4 deposed on oath that she was an uneducated girl who had no schooling. According to her, she was suffering from polio and at this juncture the court made the observation that the speech of the witness had been impaired due to polio. She stated that she knew the accused as he was the resident of her village. She further added that this accused had raped her. According to her, one year back the accused had come to her house at about 2.00 or 2.30 in the after-noon and he then lifted her bodily when she was sitting on a cot in the courtyard of her house. She further added that the accused took her to the cattle shed and tore her clothes and stripped her Salwar and thereafter he raped her. She further added that after committing the said act he ran away. She also stated that while the accused was committing sexual intercourse with her he had gagged her mouth and when the accused disappeared she started crying. She further added that she came back to the courtyard and sat on the Charpoy while her Salwar was left at the cattle shed. She also disclosed that at that time her mother had gone to bring grass and when her mother returned then she was sitting on the Charpoy in the courtyard and she disclosed the entire occurrence to her mother. At this stage a question was put to the witness as to what her mother did after she narrated the incident to her, the witness kept mum for sometime. Learned trial court then made an observation that the witness was incapable of understanding fully the question on account of her infirmity.

26. PW 3 is Smt. Asha Devi, the mother of the prosecutrix. This lady stated on oath that prosecutrix Kumari Anita was her elder daughter. Her age was about 21 to 22 years. She stated that her husband was running a tea stall at Amritsar. According to her,, she had gone to fetch sewing machine from a village Barala at about 2 afternoon. This village Barala is situated at a distance of about one Km. from her village Bohd. Mrs. Ram Piari had accompanied her to village Barala. She also stated that when she left for village Barala, then her daughters Anita and Mamta remained present in their house in village Bohd. The remaining children of her had gone to School. She further added that Mamta was mentally deranged besides suffering from polio. Kumari Anita was also suffering from polio. The right hand of Kumari Anita was paralytical. Her right leg was also suffering from the same defect. She stated that she returned from village Barala in between 3.00 and 3.30 p.m. along with Smt. Ram Piari.

28. A lengthy cross-examination was conducted upon her. Certain minor discrepancies have been pointed out on behalf of the accused which I think are not very much relevant as they do not adversely affect the version given by this witness. She stated that she had not told the police that on account of polio, Anita was mentally retarded. According to her, she did not tell that her facalities of understanding and perceiving had been adversely affect by polio attack. She also disclosed that when she reached her house, she found that Anita was lying on the cot in the posture of half lying and half sitting. The salwar had stripped from her leg. According to this witness, the prosecutrix had washed her salwar before her arrival. She also stated that Anita was wearing that salwar when the witness took her to the police station, which was almost wet. She stated that shirt and Banyan had not been washed. She denied the suggestion that the prosecutrix had told her that some unknown person had raped her. She had been very specific in deposing that Anita informed her that Devo son of the Chuha, the accused had raped her. She also denied the suggestion that accused was implicated after deliberation.