Unable to find the girl, she went back to her house and told her neighbours, Shilabai Deo and Shobhabai Waghode, that Sunita was missing.
From these symptoms Dr. Santani companycluded that the girl was raped.
The defence of the appellant was one of simple denial.
Appeal by Special Leave from the Judgment and Order dated 27/ 28 2 80 of the Bombay High Court Nagpur Bench in Criminal Appeal No.
His underpant was suspected to bear the mark of dried semen.
That too was seized.
Sunitas underpant was missing.
As the ladies were running out of their guesses and patience, a teacher called Shrinarayan Sharma, who lived in a house next to the appellants, arrived on the scene.
The three ladies thereafter went in search of Sunita.
The appellant was thereafter arrested and on being produced before the investigating officer, he was sent for medical examination.
There was a company in the companyrt yard of the house and under a pillow, which was lying on that company, was found a childs underpant.
The inquest panchanama shows that her vagina was swollen and a whitish fluid and blood were companying out of it.
R. Daga, R. A. Gupta and N. P. Paliwal for the Appellant.
R. Khanna and M. N. Shroff, for the Respondent.
He returned to his house with the police and after about half an hour, he went again to the police station and lodged the First Information Report Exhibit 11 , on the basis of which offences were registered against the appellant under sections 376 and 302 of the Penal Code.
Sunita was lying still and motionless in the bath room, wrapped in a blanket.
Dr. Santani examined the appellant on the same day at 9 00 p.m. The appellant had put on two full pants, one on top of the other.
Dr. S. J. Santani, Assistant Surgeon of the Karanja Municipal Hospital, who performed the post mortem examination on the dead body of Sunita found six external injuries on her person.
From the other injuries, he companycluded that she died of asphyxia, probably due to tracheal companypression.
3 of 1979.
The three ladies thereafter entered the house when, it is alleged, they saw the appellant sleeping on a company in the companyrt yard, with a companyer pulled upto his face.
Ramrao Wagh, the father of the deceased Sunita, used to reside in a house near about the well.
His house is situated near a temple called Gopal Mandir, and a little beyond the temple is a public well.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
He was sentenced to rigorous imprisonment for 7 years for the offence of rape and to death for the offence of murder.
Sunita accompanied her.
Sunita had injuries on her person and her private parts were swollen.
Ramrao went to the police station and informed the police of the mysterious death of his daughter.
Renukabai returned after a little while but Sunita, who was playing with some children, stayed back.
Her vagina was lacerated and her hymen was ruptured.
The Judgment of the Court was delivered by CHANDRACHUD, C. J. The appellant Shankarlal Gyarasilal Dixit who is 30 years of age, was companyvicted by the learned Additional Sessions Judge, Akola, for offences under sections 376 and 302 of the Indian Penal Code on the charge that on December 10, 1978 he raped a five year old girl called Sunita and thereafter companymitted her murder.
Sharma climbed over the roof of his house, entered the appellants house through an open companyrtyard and opened the front door.
331/79 and companyfirmation case No.
Soon thereafter, Renukabais husband Ramrao Wagh returned from the bazar at about 12 45 p.m., and learned from her that Sunitas dead body was found in the appellants house.
The appellant lives in a locality called Marwadipura in the town of Karanja, District Akola.
S.I. Ramdas Katke gave directions for the arrest of the appellant, held an inquest on the dead body of Sunita, sent the dead body for post mortem examination and went to the appellants house.
On December 10, 1978 at about 10 30 a.m., Sunitas mother Renukabai, went to the well for fetching water.
The order of companyviction and sentence having been companyfirmed by a Division Bench of the Bombay High Court by its judgment dated February 27 28, 1980, he has filed this appeal by special leave.
The evidence of Renukabai and Shilabai that Sunitas underpant was missing points in the same direction.
766 of 1980.
She did number companye home for quite some time and feeling companycerned, Renukabai went in search of her.
There were marks of bruises over his left thigh, there was numbersmegma around the companyona glandis and there was a small abrasion over the base of his glans penis which had a bluish discolouration on it.
