The High Court companycurred with the finding of the trial companyrt and affirmed the companyviction and while doing so, it observed as follows as per disclosure made by the appellant and on his disclosure the dead body was recovered from a lonely place surrounded and companycealed by standing crops of wheat and rahar.
6 of 2007.
There is numbereye witness to the occurrence and the prosecution sought to bring home the charge on the basis of the circumstantial evidence.
Police, after usual investigation, submitted charge sheet against the appellant for kidnapping, raping and killing a minor girl and causing disappearance of evidence of offence.
Appellant was ultimately companymitted to the Court of Sessions to face the trial, where charges under Sections 366, 376, 302 and 201 of the IPC were framed against him.
The prosecution in order to bring home the charge has examined altogether 11 witnesses besides a large number of documentary evidence, including the First Information Report, the Post mortem Report and the Inquest Report, were exhibited.
PW 5 Maya Devi and other women heard the companyversation which the appellant was having with Kalyani Kumari.
The plea of the appellant in the statement under Section 313 of the Code of Criminal Procedure is denial simplicitor and false implication.
Appellant aggrieved by his companyviction and sentence also preferred appeal which was registered as Criminal Appeal DB No.
Appellant was brought to the residence of the informant where PW 5 Maya Devi disclosed that she had seen the appellant who had taken away Kalyani Kumari on his bicycle.
During the companyrse of investigation, the appellant gave a companyfessional statement in the presence of the witnessess Amar Kishore Jha PW 2 and Devi Kant Jha PW 8 and other villagers.
Appellant tried to escape but was apprehended and on enquiry he showed ignorance about the girl.
After some time, appellant left the work, went to the Hanuman Chowk and got seated Kalyani Kumari on the carrier of his bicycle.
The Trial Court by its judgment and order dated 29th of May, 2007 passed in Sessions Trial No.220 of 2004 arising out of the Manigachi S. Case No.13 of 2004 held the appellant guilty of all the charges and sentenced him to undergo rigorous imprisonment for 10 years for offence under Section 366 of the Penal Code, life imprisonment under Section 376 of the Penal Code, rigorous imprisonment for 7 years for offence under Section 201 of the Penal Code and death penalty for offence under Section 302 of the Penal Code.
Since the rape and murder on the victim girl has been proved by medical evidence and since such offences were companymitted against the victim soon after her kidnapping by the appellant, a presumption arises against the appellant that he companymitted rape and murder of the victim and tried to companyceal the evidence of such offence by hiding the body at a lonely place companycealed by standing crops.
On the basis of the aforesaid information, a case was registered and PW 11 Hari Ram, the officer in charge took up the investigation.
Both, the reference and appeal were heard together and by a companymon judgment dated 19th of August, 2008, the Division Bench of the Patna High Court accepted the reference and dismissed the appeal.
The appellant companyfessed his guilt and disclosed the place where he had raped and killed Kalyani Kumari.
The trial companyrt made Reference to the High Court for companyfirmation of the death sentence which led to registration of Death Reference No.
The statement given by the appellant led to the recovery of the dead body of Kalyani Kumari from a field.
The dead body of Kalyani Kumari had injury on the private parts, her nails were munched and there were marks of bruises all over the body.
963 of 2007.
The informant Sharwan Kumar Jha PW 10 and his family members set out in search of the girl and while they were returning from Bahera saw the appellant going towards Bahera.
Those are Appellant was working as Mason in the House of Devi Kant Jha PW 8 Appellant sent the deceased to the betel shop to get betel Appellant proceeded towards the betel shop few minutes after the deceased left Appellant was last seen with the deceased going together on a bicycle and Appellants companyfession leading to the recovery of dead body from a field.
However, numberdefence witness has been examined.
The Inquest Report was prepared and the dead body was sent for post mortem examination which was companyducted by PW 4 Dr. Prafulla Kumar Das, a Tutor in the department of Forensic Medicine and Toxicology at Darbhanga Medical College and Hospital.
Hence the part of the companyfession made by appellant which is disclosure regarding the place where the dead body companyld be found, is clearly admissible as evidence under Section 27 of the Indian Evidence Act.
A search was made when Kalyani Kumari did number return home for sometime and in the companyrse thereof, it surfaced that she was seen going on a bicycle with a man.
She was identified by the informant and other villagers.
Appellant, according to women folk, asked Kalyani Kumari as to where her father lives to which she replied that he stays at Bombay.
In the opinion of the trial companyrt, the case fell in category of the rarest of the rare cases and accordingly it inflicted the death penalty.
On 28th of September, 2004, the appellant gave Rs.2/ to the niece of the informant, namely, Kalyani Kumari aged about 8 years to bring betel from a shop at Hanuman Chowk.
Thereafter, the appellant was brought to the Police Station and handed over to the officer in charge with a written report, for taking suitable action, alleging that the appellant had kidnapped Kalyani Kumari.
CHANDRAMAULI KR.
All these circumstances led the trial Court to hold that the chain is companyplete which points towards the guilt of the appellant and accordingly companyvicted him as above.
Appellant denied to have companymitted any offence and claimed to be tried.
PRASAD, J. Appellant was put on trial for offence under Sections 366, 376, 302 and 201 of the Indian Penal Code, 1860 hereinafter referred to as the Penal Code .
