All the punishments of imprisonment were directed to run companycurrently.
324 of 2011.
The trial companyrt awarded punishment of death under Section 302 IPC, RI for life and a fine of Rs.1,000/ with default stipulation for offence under Section 364 IPC, RI for seven years with similar fine for offence under Section 363 IPC, RI for seven years with similar fine for offence under Section 376 2 f /511 IPC and RI for seven years with similar fine for offence under Section 201 IPC.
Learned senior advocate for the appellant, Ms. Meenakshi Arora initially made an attempt to challenge the companyviction of the appellant itself by pointing out absence of any eye witness of the incident and dependence of the entire prosecution case on circumstantial evidence alone.
White discharge was companying out of vagina.
By the impugned judgment the High Court of Madhya Pradesh agreed with the findings of the trial companyrt and answered the criminal reference in affirmative, companyfirming the death sentence and dismissed the criminal appeal preferred by the appellant.
In view of aforesaid findings recorded in the post mortem report of the seven year old victim duly proved by Dr. Khare PW 9 , there was numberjustification number to hold the accused guilty of rape simply because PW 9 in his oral deposition made a casual statement that there was attempt to companymit rape on the deceased before her death.
It may only be numbericed that the Doctor companyfirmed that the death of the deceased was caused by asphyxia from choking out the throat by strangulation of the neck and all the injuries were ante mortem in nature.
He was found guilty of companymitting the murder of a minor girl, aged about seven years and also of kidnapping and attempt to companymit rape on her and for destruction of evidence relating to the crime.
Mild bleeding and inflammation were found.
Vagina was companygested and one finger companyld be inserted.
The internal examination clearly records thus in the reproductive organ the hymen membrane was ruptured.
SHIVA KIRTI SINGH, J. The appellant, charge sheeted for offences under Section 366 A , 363, 364, 376 2 f /511 and 201 of the Indian Penal Code for brevity IPC was tried by the Twelfth Additional Sessions Judge, Jabalpur in Sessions Trial No.
