PRITHI CHAND versus STATE OF HIMACHAL PRADESH

Citation: [1989] 1 S.C.R. 123 · Decided: 17-01-1989 · Supreme Court of India · Bench: S. NATARAJAN · Disposal: Dismissed

Judgment (excerpt)

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PRITHI CHAND 
A 
v. 
STATE OF HIMACHAL PRADESH 
JANUARY 17, 1989 
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[S. NATARAJAN AND A.M. AHMADI, JJ.J 
B 
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Indian Penal Code, 1860: Section 376--Rape on minor girl-
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Penetration-Proof of-Medical opinion-Infirmity of-Absence of 
spermatozoa-Whether can cast doubt on prosecution case-Allegation 
of false implication due to enmity between parents of appellant and 
prosecutrix-Whether valid. 
c 
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Evidence.Act, 1872: Sections 32 & 62-Carbon copy of medical 
cetificate-Admissibility of. 
Criminal Procedure Code, 1973: Section 154-F./.R. lodged next 
day morning, father of prosecutrix not being available and it was too 
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late to travel to police station-Whether amounts to delay. 
It was alleged that the appellant, a youth of 18 years, forcibly 
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lifted P. W. 1, a girl of tender age of 11, 12 years, took her to a shallow 
place, and committed rape on her, on account of which she began to 
bleed profusely; that on hearing the call of P. W. 7 the appellant ran 
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away. A report was lodged with the police next morning: 
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The girl was examined by a lady doctor, who issued a medical 
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certificate. The leaves collected from the place of occurrence, the slides, 
the swabs and the salwar were forwarded to the Chemical Analyser and 
Serologist for examination and report. 
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The appellant was prosecuted for committing rape on P. W. J. The 
trial court convicted him under s. 376 I.P.C. and sentenced him to 
suffer imprisonment for life and to pay a fine of Rs.2,000 in default to 
suffer rigorous imprisonment for a further period of two years. 
On appeal, the High Court, while confirming the conviction 
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reduced the substantive sentence from imprisonment for life to rigorous 
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imprisonment for seven years but retained the punishment in default 
thereof. 
In the appeal before this Court, it was contended on behalf of the 
appellant that the carbon copy of the medical certificate given by the lady 
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123 
A 
B 
c 
124 
SUPREME COURT REPORTS 
11989] 1 S.C.R. 
doctor, who examined P. W. 1 was inadmissible in evidence, that having 
regard to the girl's age and the fact that her vagina admitted one finger 
with difficulty, it was not possihle to believe that there was penetration, 
that there was delay in flling the First Information Report, that since 
the girl was of a tender age the possibility of her wrongly involving the 
appellant could not be ruled out and that this possibility was streng-
thened by prior enmity, absence of spermatozoa, and infirm medical 
opinion. 
Dismissing the appeal, 
HELD: l. Section 32 of the Evidence Act provides that when 
a statement written or verbal, is made by a person in the dis-
charge of professional duty whose attendance cannot be procured 
without an amount of delay, the same is relevant and admissible in 
evidence. l127F] 
In the instant case, the lady doctor, who examined P.W. 1 and 
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issued the medical certificate was not available for giving evidence as 
she had proceeded on long leave. In her absence, the trial Judge felt 
that it would not be possible to secure her presence without undue delay 
and therefore permitted the prosecution to prove the certificate through 
P. W. 2, who was conversant with her hand-writing and signature. 
Besides, since the carbon copy was made by one uniform process the 
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same was primary evidence within the meaning of Explanation 2 to s. 62 
of the Evidence Act. Therefore, the medical certificate was clearly 
admissible in evidence. I 127D-G] 
2. In the absence of penetration, there would not be absence of 
hymen with the edges torn and profuse bleeding from the vagina stain-
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ing the salwar. Merely because the Doctor found that the vagina admit-
ted one linger with difficulty, it cannot he inferred that there was no 
penetration as the muscles must have contracted hy then. The appel-
lant, a robust man must have penetrated the vagina for otherwise there 
would not have been so much of bleeding. [1288-C] 
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3. Mere absence of spermatozoa cannot cast a doubt on the cor-
rectness of the prosecution case. The report of the Chemical Analyser 
and Serologist supports the version of the prosecution witnesses that 
there was profuse bleeding from the vagina. I 129F; 128F] 
4. Immediately atler the incident was narrated to the mother and 
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other ladies, no decision could be taken because of the absence of the 
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PRITHJ CHAND v. STATE OF H.P. !AHMADI, J.] 
125 
father. On his arrival, he informed the Sar

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