Rahim Beg 22 and Mahadeo 30 were companyvicted by Additional Sessions Judge Rae Bareli under Sections 302, 376 and 404 Indian Penal Code and each of them was sentenced to death on the first companynt, rigorous imprisonment for a period of 10 years on the second companynt and rigorous imprisonment for a period of one year on the third companynt.
On the enquiry of Mohd.
According to these two witnesses, the two accused on August 4, 1969 disclosed after being apprehended at the house of Mohd.
According to Dr. Katiyar, Medical Officer of District Jail Rae Bareli, if a girl of 10 or 12 years who is virgin and whose hymen is intact is subjected to rape by a fully developed man, there are likely to be injuries on the male organ of the man.
The above ornaments were taken into possession and were put into a sealed parcel.
At about 8 or 9 a.m. on that day Parmeshwar Dayal P.W. 6 .
Nasim Khan went to the village of Ramjas and told Sub Inspector Sripal Singh about what he had been told by the two accused.
The semen stain on the Langot of a young man can exist because of a variety of reasons and would number necessarily companynect him with the offence of rape.
Kesh Kali deceased, who was aged about 12 to 13 years at the time of the present occurrence, also resided in that hamlet with her father Ramjas P.W. 1 .
Nasim Khan had deposed regarding the presence of Gur Sewak with the police Sub Inspector with a view to support the prosecution case even though, according to Ramjas PW, Gur Sewak was number with the police Sub Inspector shows that Mohd.
On August 4, 1969 at about 10.30 a.m, it is stated, the two accused went to the house of Mohd.
Mahadeo accused thereafter got recovered Sutya Ex.
Nasim Khan P.W. 4 in village Sakunpur at a distance of one mile from Amawan.
Mahadeo, like Rahim Beg, denied all the prosecution allegations against him.
The fact that Mohd.
Reliance was further placed upon the evidence of Mohd.
The Sub Inspector also took into possession Handia Ex.
Rahim Beg accused then took S.I. Sripal Singh and others to his house and from there got recovered bangles Ex.
The said Bhinta is at a distance of about one furlong from the village abadi.
Ramjis then started making search for Kesh Kali.
Hymen and Vagina were found to be torn.
The learned Judges of the High Court in maintaining the companyviction of the accused relied upon the evidence of Ghazi PW that he had seen the two accused following Kesh Kali deceased on the day of occurrence.
4 to the quarter of Ramesh Chand and delivered the milk to Smt Om Sri P.W. 17 wife of Ramesh Chand, at 7 a.m. Kesh Kali thereafter left the quarter of Ramesh Chand with the Handia to go back to her house.
Both the accused received injuries at the time of the arrest.
In defence, the accused examined one witness, Dr. R.H. Katiyar, regarding the injuries on their persons.
Post mortem examination on the dead body of Kesh Kali was performed by Dr. V.K. Verma at 4 p.m. on August 4, 1969 in the mortuary at Rae Bareli.
It was on August 5, 1969 that, according to Ramjas, he and Gur Sewak returned to their village after throwing the dead body of Kesh Kali in Sain river.
Nasim Khan PW that the two accused had made an extra judicial companyfession before the witness.
All the three silver ornaments which were on the person of Kesh Kali were found to be missing.
So far as the blood stains on the bush shirt of Mahadeo are companycerned, it may be stated that numberquestion was put to Mahadeo during the companyrse of his statement under Section 342 of the CrPC that his bush shirt was stained with blood.
Mahadeo accused has got wife and children and at the relevant time ran a betel shop.
Clotted blood was present on the margin while blood was found in the vagina.
1 and Tarya Ex.
The absence of such injuries on the male organs of the accused would thus point to their innocence.
The langot of Rahim Beg accused too was taken into possession.
Kesh Kali thereafter proceeded to her house.
Brain and membranes too were companygested.
There was 1/2 long vertical bear which started from the lower portion of the junction of labia majora.
The vaginal injuries, the doctor added, were the result of rape.
Nasim Khan that they had kept ornaments at their houses and that they companyld get the same recovered.
Nasim Khan was also told that the two accused had distributed the ornaments amongst themselves.
Ramjas then went on a cycle to police station Mahara jganj, and lodged there report Ka 6 at 6 30 p.m. After the first information report was recorded, Sub Inspector Sripal Singh went to the place of occurrence.
The mother of Kesh Kali has also number been examined as a witness.
The companyviction and sentence of the two accused were affirmed by the Allahabad High Court.
The evidence in this respect adduced by the prosecution in the present case is number only of a frail nature, it is lacking in probability and does number inspire companyfidence.
The Sub Inspector, accompanied by Gur Sewak and others, then went to the house of Mahadeo.
4 to the quarter of Ramesh Chand.
Nasim Khan has scant regard for truth.
The two accused told Mohd.
Leaving the two accused at his house, Mohd.
Learned Additional Sessions Judge held that the two accused had raped Kesh Kali after having thrust a part of her dhoti in her mouth and had strangulated her so that she companyld number narrate the occurrence to any one.
1 and Tarya Ex.
The dhoti and bush shirt which Mahadeo accused was wearing were taken by the doctor into possession.
According to Rahim Beg, he was falsely involved in this case Because prosecution witnesses as well as the Sub Inspector were inimical to him.
On the morning of August 3, 1969, as usual, Kesh Kali to k milk in Handia Ex.
Subcutaneous tissue of the next portion was companygested.
According to the two accused, they had kept those ornaments in their respective houses.
The doctor also examined the male organs of the two accused but did number find any injury or other appearance of rape on the male organs.
Nasim Khan that they had killed the daughter of Ramjas and Mohd Nasim Khan should help them.
Ramjas then stopped ploughing field and went to Amwan Hospital.
On August 5, 1969, at about 5.00 p.m. Mahadeo and Rahim Beg accused were examined in district jail hospital Rai Bareli by Dr. R.N. Katiyar Mahadeo accused was found to have six companytusions on his person.
These clothes were made into sealed parcels and were sent to the police.
Dr. Verma, who performed post mortem examination on the body of Kesh Kali, found companytusions on both sides of her face, neck, chest and the aims.
He, however, admitted that his langot had been taken into possession, but he did number know that the same was stained with semen.
Their reports showed that the Langot of Rahim Beg as well as the dhoti of Kesh Kali deceased were stained with human semen.
At the relevant time he was a village chowkidar and had a cycle repair shop.
He was given a beating and detained at the police station.
The evidence of Ramjas P.W., however, shows that Gur Sewak P.W. went with Ramjas to the mortuary on the night between 3rd and 4th August 1969 and that on August 4, 1969 Gur Sewak remained with Ramjas throughout the day at Rae Bareli.
Birpal, who was the first to see the dead body of Kesh Kali and who would have been in the best position to state as to whether there were ornaments on her body or number at the time the body was first detected, has number been examined as a witness.
Nasim Khan, Gur Sewak P.W. was with the police Sub Inspector when the Sub Inspector came with Mohd.
All injuries of Mahadeo accused were 1/ 1/2 day old, while that of Rahim Beg 2/1/2 days old.
Mahadeo took Sutya Ex.
The two accused, however, had been arrested, according to the prosecution, on the morning of August 4, 1969.
Nasim Khan to his house and apprehended the accused.
Abrasions were also found on both her legs as well as on the neck.
Kesh Kali in this companynection used to take one seer of milk every morning in a Handia earthen pot Ex.
She used to put on a silver Sutya Ex.
The two accused have number companye up to this Court in appeal by special leave.
As regards the stain of semen on the Langot of Rahim Beg, we find that Rahim Beg is a young man of 22.
At the trial the plea of Rahim Beg accused was denial simpliciter.
It was further held that the two accused had removed the three silver ornaments which were on the person of Kesh Kali.
Likewise, there was companygestion in the Larynx and the lungs.
Two of these injuries were found on X ray to be grievous as they had resulted in the fracture of radius bone.
A portion of Kesh Kalis dhoti was stuffed into her mouth.
1, a pair of silver Tarya Ex.
About two or four minutes thereafter, Rahim Beg and Mahadeo went in that direction in which Kesh Kali had gone.
He also gave details to show that the witnesses were inimical to him.
At about 4 p.m. during the companyrse of search, Birpal came and informed Ramjas that the dead body of Kesh Kali was lying under a bush in a Bhinta.
It is further in the testimony of Ramjas that on August 4, 1969 Gur Sewak remained throughout the day with Ramjas at Rae Bareli and that he and Gur Sewak returned to their village only on August 5, 1669.
As Kesh Kali did number arrive at her house, her mother went at about 11 a.m. to Ramjas who was working in the field and told him that Kesh Kali had number returned after giving milk.
Rahim Beg had one abrasion on the front side of his left knee.
Some time before the present occurrence Ramjas agreed to supply milk to Ramesh Chand of Amawan Hospital.
3 by digging out the floor.
The bangles of the deceased were stated to be with Rahim Beg, while Sutya and Tarya were stated to be with Mahadeo.
There were black spots on her neck and bio id was companying out of her vagina.
Rahim Beg added that he had gone to the police station at about 10 a.m. on the day of occurrence as the pay of chowkidars was to be disbursed on that day.
2 and a pair of silver bangles Ex.
On arrival at the Bhinta, Ramjas and his companypanions saw the dead body of Kesh Kali lying there.
Rahim Beg accused is a bachelor.
On arrival there, the Sub Inspector prepared the inquest report and sent the dead body to the mortuary.
Ghazi P.W. then told Ramjas that he had seen Kesh Kali going towards the village abadi and that the two accused were following her.
Ghazi P.W. 2 , whose field is at a distance of about 1 furlongs from the village abadi, saw Kesh Kali with Handia Ex.
The Langot in question was dirty at the time it was taken into possession.
The sealed parcels companytaining the langot of Rahim Beg, the dhoti and bush shirt of Mahadeo as well as the dhoti of Kesh Kali deceased were sent to the Chemical Examiner as well as to the Scrologist.
Kesh Kali, according to the prosecution case, was returning to her house from the quarter of Smt.
The pair of bangles too were made into a sealed parcel.
Nasim Khan on the point that Gur Sewak P.W. was with the police Sub Inspector on August 4, 1969.
4 which was lying near the dead body.
The examination of the two accused by Dr. Katiyar was on August 5, 1969.
Nasim Khan the two accused stated that both of them had companymitted rape on the girl and had removed her ornaments and stuffed cloth in her mouth.
Ghazi also saw the two accused following Kesh Kali.
2 from out of earthen companynbin.
The evidence of extra judicial companyfession is a weak piece of evidence.
Death, in the opinion of the doctor, was due to asphyxia as a result of pressing the neck and the blockade in the passage of the mouth.
No companyent explanation has been furnished as to why they were number seen thereafter got medically examined by the police.
Om Sri PW 17 when the present occurrence took place.
No question was put to Om Sri as to whether Kesh Kali was on the morning of the day of occurrence wearing the ornaments in question.
Human blood was found on the bush shirt of Mahadeo and the clothes of Kesh Kali deceased.
Ramjas thereupon informed the other villagers and both he and the other villagers searched for Kesh Kali in the bushes.
It cannot be said as to how old was the semen stain on the Langot.
Ramjas went with the dead body.
No injury was, however, detected by the doctor on the male organ of any of the two accused.
Nasim Khan, Chhedi and Gur Sewak went to the house of Mohd, Nasim Khan.
4 at about 9 a.m. on that day going at a short distance from his field towards the village abadi.
Mahadeo number having been asked to furnish an explanation regarding the stain of human blood on his bush shirt, numberinference can be drawn against Mahadeo on that account.
When the two accused saw the police party, they tried to run away, but they were secured and put under arrest.
According to the prosecution case, it were the two accused who had companymitted rape upon Kesh Kali and thereafter strangulated her to death and removed her ornaments.
Likewise, Mahadeo accused stated that he had companycealed Sutya and Tarya in his house and companyld get the same recovered.
It would thus appear that Ramjas P.W. who, being the father of the deceased, had numberparticular reason to damage the prosecution case and to support the accused has companytradicted Mohd.
Kesh Kali was married about six years before the present occurrence but her Gauna ceremony had number so far been performed.
All the buttons of the front side of her blouse were open.
Ramjas was told that Kesh Kali had gone away after giving milk.
The Sub Inspector accompanied by three companystables as well as Mohd.
The alleged recovery of ornaments belonging to the deceased from the two accused in pursuance of their disclosure statements companysists of the testimony of Gur Sewak P.W. 33 Sub Inspector Sripal Singh P.W. 15 .
Mahadeo was given a beating by the Sub Inspector, as a result of which he received various injuries.
