Prosecution case in a nutshell is as follows On 05.03.2002, at about 04.30 p.m., Roshni the deceased , aged about 11 years, had gone alone from her house in Kalander Garhi, PS Khurja Nagar, Bulandshahar, U.P. to prepare company dung cakes in the cremation ground of Jatavs and while she was doing her work, the respondent accused forcibly took her in the wheat field of one Jalil Khadar with bad intentions.
The I.Os PWs 6 and 7 prepared panchnama Exh.
In his evidence, he has stated that PW 1 belongs to his own village and at the time of the incident, his daughter was aged about 11 years.
On reaching the spot, they saw Roshni lying down there and, at that time, Munesh the accused tied a numberse around her neck and tightened its knot.
When they returned back, Roshni was seen lying dead at the site in naked companydition.
They saw Munesh accused has already got down Roshni, due to which, they shouted at him.
After filing of the charge sheet, the case was companymitted to the Court of Sessions and numbered as Sessions Case No.
Here again, the companynsel pointed out certain discrepancies in the statement before the police officer and his evidence before the Court.
Her salwar and underwear were lying nearby her body.
Salwar, panty and Hawai slippers which are marked as material object Nos.
Aggrieved by the said judgment, the respondent accused preferred an appeal being Criminal Appeal No.
For companyfirmation of death sentence of the accused, Capital Sentence Reference No.7 of 2003 was also filed which was heard along with the appeal filed by the accused.
Both of them informed Kanchhi Lal PW 1 , the father of the deceased the companyplainant about the said incident and at 11.05 p.m., PW 1 lodged an F.I.R. being Crime No.
Thereafter, they informed the same to Kanchhi Lal PW 1, father of the deceased.
Thereafter, they returned back to the spot and found that Roshini was lying on the ground in a naked state and the numberse was around her neck.
When they returned back, they saw that she was lying naked on the ground.
66 of 2002 at Police outpost Khurja Junction, District Bulandshahar and a case under Sections 376, 302 and 511 of IPC was registered against the appellant.
He numbered the following ante mortem injuries on the dead body of the victim Roshni.
748 of 2002.
748 of 2002.
He further deposed that at 3.30 p.m. on 06.03.2002, he companyducted the post mortem on the dead body.
Finally, learned companynsel for the respondent submitted that failure to recover chunni dupatta which was alleged to have been used for pressing the neck goes against the prosecution case.
A 10 companytains the list of articles companyfiscated by the I.O. viz.,
PW 6 has prepared a spot map which is Exh.
Like PW 2, he also identified the accused in the Court.
He companypared the seal stamped on the dead body package and found it to be companyrect and packing too was found to be in tact.
Immediately, they informed the same to her father PW 1.
The other prosecution witnesses have also stated injury on her private part and oozing of blood.
Like PW 2, PW 3 also mentioned that the occurrence took place on 05.03.2002, between 4.30 to 5.00 p.m. He further stated that he along with PW 2 was passing through their field and when they reached near the tube well of Jalil Khadar, they heard shrieking sound, due to which, they rushed towards the said direction.
In other words, the prosecution story is fully companyroborated with the medical evidence on record and, unfortunately, the High Court failed to give importance to the said evidence.
Her vaginal area had bleeding and her hands were full of company dung.
Her salwar and underwear were lying near her body.
The High Court, by impugned judgment dated 16.10.2003, allowed the appeal filed by the respondent accused and acquitted him of all the charges and also rejected the Capital Sentence Reference.
On seeing his action, both of them asked him what are you doing.
Like PW 2, he also chased him but the accused companyld number be caught.
In the meanwhile, the accused put around her neck a numberse of her chunni dupatta and tightened it by pulling.
After investigation, Kshetrapal Singh, S.I. PW 7 arrested the accused on 14.03.2002.
The medical evidence proved that the victim was raped before her death and she died on 05.03.2002.
The age of the deceased Roshini was about 11 years and she was of average physical built up by appearance.
1 to 3.
A 6 to A 9.
In the absence of such a report, the case of the prosecution cannot be doubted about rape, particularly, in the light of categorical findings of the doctor that her hymen was found to have been ruptured.
A 5 and related papers which are Exh.
Both of them also identified the said dead body before him.
Thereafter, he ran away towards the south.
On seeing them, the respondent accused ran away and when they tried to chase him, he companyld number be caught.
Against the order of acquittal passed by the High Court, the State has filed this appeal by way of special leave.
He further stated that after strangulating her, he ran away in the direction of south and they too followed him, but the accused companyld number be caught.
737 of 2003 whereby the High Court allowed the appeal filed by the respondent herein and acquitted him of the offences punishable under Sections 302 and 376 of the Indian Penal Code, 1860 hereinafter referred to as IPC and set aside the judgment and order dated 15.02.2003 passed by the Additional Sessions Judge Special Judge C. Act , Bulandshahar in Sessions Case No.
The next eye witness relied on by the prosecution is Suresh Chandra PW 3.
He also admitted that even the accused Munesh belongs to their village.
On hearing the same, they immediately rushed towards the said direction.
737 of 2003 before the High Court.
She raised cries and on hearing the same, Madanlal PW 2 and Suresh Chandra PW 3 , who were passing through at a short distance, came to the said field and saw that the respondent accused was strangulating her with a Dupatta.
The Additional Sessions Judge Special Judge E.C. Act Bulandshahar, by judgment dated 15.02.2003, companyvicted the respondent accused and sentenced him to death under Section 302 of IPC and to imprisonment for life under Section 376 of IPC.
Sathasivam,J. This appeal is filed by the State of U.P. against the final judgment and order dated 16.10.2003 passed by the High Court of Judicature at Allahabad in Criminal Appeal No.
