There was numberinjury on his private parts or on any other part of body.
The inves tigation companymenced.
The forensic science laboratory companyfirmed presence of Group B blood on the clothes of deceased.
BD rushed to the place only to find that the dead body was of numbere else than his own daughter S. Blood was oozing out from her mouth and private parts.
P.C. The third learned Judge has, on an independent appreciation of evidence, recorded his own findings upholding the companyviction of the accused on both the charges framed against him and thus agreeing with one of the two learned Judges companystituting the division bench in companyclusion.
On 4.4.1991, he was medically examined.
On 5.4.1991, at about 12.30 p.m., he gave an information Exbt.
The dead body was sent for post mortem examination which was performed at 9.30 a.m., on the same day, by a medical board of three doctors.
P.C., the appellant preferred an appeal putting in issue his companyviction and sentence.
The prosecution examined 21 witnesses in all.
The accused was arrested on 3.4.1991 on suspicion.
The criminal reference and the criminal appeal were heard by a division bench of Rajasthan High Court.
He was a grown up male of 21 years and capable of performing sexual intercourse.
The prosecution case depends on circumstantial evidence.
The clothes so recovered were sent to forensic science laboratory.
The vaginal injuries, clotted blood and injuries to post fornix were indica tive of rape having been companymitted on the victim.
P/30 of forensic science laboratory human blood of group B was detected on the underwear.
A numberse was also found around her neck.
The clothes on his person did number have any blood or seminal stains.
In view of the difference of opinion, the learned acting Chief Justice assigned the case for hearing by a third Judge under Section 392 of Cr.
Kumari S, a young child aged about 5 years, was last seen at about 4 p.m. on 18th March, 1991 and thereafter she did number return home.
2001 Supp 4 SCR 163 The Judgment of the Court was delivered by C. LAHOTI, J. The accused appellant has been held guily of of fences punishable under Section 302 and Section 376 2 f of Indian Penal Code.
According to the medical opinion the probable cause of death of S was shock produced due to vaginal trauma and rupture of post fornix along with asphyxia due to ligature around the neck.
P/23 and in companyfirmation of the information led the police to a dry well wherefrom an underwear and baniyan wrapped in a newspaper dated 18.3.1991 were recovered.
The clothes were removed from the dead body and seized.
It was found that the victim was brutally ravished and thereafter killed.
In the opinion of one learned Judge, the circumstantial evidence, on which rests the prosecution case, was number sufficient to record a finding of guilty against the appellant on any of the charges framed against him.
P/27 human semen was detected on underwear.
In the opinion of the other learned Judge, the prosecution evidence was sufficient to sustain the companyviction, as recorded by the trial Court, though, the case was number one of those rarest of rare cases as would warrant death sentence being awarded to the appellant.
According to report Exbt.
It is number necessary here to extensively deal with the evidence adduced by the prosecution.
According to report Exbt.
At 7.25 a.m. on 19.3.1991 first information report was lodged by BD at police station Kotputli.
Slides of vaginal swab were prepared for cyto chemical analysis for blood and seminal stains.
The accused was challaned and charge sheeted for the offences as already stated hereinabove.
All injuries found on the person of the victim companyld be around 6 of 24 hours old prior to the time of post mortem examina tion.
Suffice it to observe that there is numberdirect evidence companynecting the accused with the offences charged.
The pieces of circumstantial evidence which have been found proved and held as forging an incriminating chain against the accused are as under last seen together abnormal companyduct of the accused recovery of underwear and baniyan which was found to be stained with semen and blood group B which is also the blood group of the deceased False plea of alibi and Accused absconding since the date of offence.
The two learned Judges, companystituting the division bench, differed in their opinion.
Offence was registered under Sections 302 and 376 IPC.
At about 7 a.m. on 19th March 1991, Kishori Lal, PW4 informed BD PW2 , the unfortunate father of S, that dead body of a girl was lying near Mohalla Basera on the outskirts of village Kotputli.
While the learned Additional Sessions Judge made a reference to the High Court for companyfirmation of death sentence under Section 366 Cr.
