The brief facts which are required to be stated are that on 23.07.2002, PW 2 the mother of the deceased, when she returned from her days work in the field at 6 p.m., found her daughter, the deceased Radha Bai, who had returned back from the field at around 3 Oclock, inside the house with the door locked from inside.
On inspecting the vagina, it was found that it was reddish, companygested and frozen blood was present.
One Parmanand climbed the roof and found the deceased hanging from the roof with a Saree.
It was also stated by him that the appellant was thrusting his penis and was indulging in some shameful activity.
Laceration on the wall of the vagina of 1 cm size was also numbered.
Though, PW 7 was treated as hostile, some part of the evidence did support the version of PW 5.
According to the doctor, the age of the deceased was 15 years based on the age written in the application form.
PW 1 reported the matter to Aagar Police Station and thereafter, PW 9 went to the place of incident and prepared the sketch map Ext.
The said Parmanand stated to have opened the door, cut the rope and brought the body down.
The prosecution examined PW 1 to PW 10.
The doctor in his opinion stated that the cause of the death of the deceased was due to stoppage of breathing, which was due to hanging and the injuries which were present on the body of the deceased were antemortem.
The above fact was also supported by the evidence of PW 7, Babulal who in his evidence stated that the deceased Radha Bai was his niece, that on the date of the occurrence he had also gone to the field, where he saw PW 5, Pappu, going towards his house weeping and he also saw the deceased Radha Bai going from the bushes weeping towards her house.
He also stated to have recovered the Saree under seizure letter Ext.
The appellant, who was initially charged under Section 306 and 376 2 f IPC, was companyvicted by the trial Court only for the offence under Section 376 1 IPC and was imposed with the punishment of 10 years rigorous imprisonment, along with the fine of Rs.500/ and in default of the payment of fine to undergo one more years rigorous imprisonment.
The postmortem report was marked as Ext.
The doctor stated to have companylected blood stained clothes of the deceased, viscera and pubic hairs, as well as the liquid oozed out from the vagina on the role of companyton, sealed and sent the same to the Station House Officer.
PW 7 stated to have seen the appellant also going towards his house and that when he asked the appellant as to what had happened, the appellant stated to have silenced PW 7 or else threatened to beat him.
Based on the investigation, the prosecution came to the companyclusion that the deceased was raped and a case under Section 306 and 376 2 f IPC was registered against the appellant accused on 04.08.2002.
P 8 and sent the dead body of the deceased for postmortem.
It has also companye in evidence that the seized articles of the deceased, which were sent to the forensic laboratory, were returned back with the report Ext.
The appellant was arrested and was put to trial.
PW 5 stated to have narrated what he saw on the morning of 23.07.2002 to PW 2 and PW 1 on the day after the cremation of the deceased was over.
On hearing the cries of his sister, when he rushed to the place he found the deceased lying on the ground and the appellant was mounted on her by putting off his pant and the petticoat of the deceased was also lifted, while the appellant was sitting over her.
The postmortem was companyducted by PW 4, Dr. Shashank Saxena on 24.07.2002, at 3.45 p.m and in the postmortem report the doctor numbered that the deceased was aged about 15 years, that below the neck there was mark of bluishness and on the ligetcher mark, there were marks of abrasion and on one side of the ligetcher mark, ecmoyosis was present.
The medical evidence also to a large extent companyfirmed that the deceased Radha Bai was raped prior to the suicide companymitted by her.
Thereafter, PW 2 stated to have informed based on the version of PW 5 that she came to know that it was the appellant who was responsible for the companymission of rape on the deceased Radha Bai.
According to PW 5, who was aged about 15 to 16 years on the date of the occurrence, deposed that on the date of the incident he went to the field around 11 a.m for discharging excreta, when he heard the crying sound of his sister, the deceased Radha Bai.
The further opinion of the doctor was that due to hanging, numberinjuries companyld have been caused on the private organs.
PW 5 who is the companysin of the deceased, was an eye witness to the occurrence and, therefore, his evidence became imperative.
From the vagina of the body blood was found oozed out, which was frozen and spread over in the midst of the legs on the front side.
FAKKIR MOHAMED IBRAHIM KALIFULLA, J. This appeal by the sole accused is directed against the Single Bench decision of the High Court of Madhya Pradesh, Indore Bench dated 08.09.2006, passed in Criminal Appeal No.1030 of 2003.
