However, the High Court pointed out serious lacunae in the above mentioned evidences and hence the companyviction order was set aside by the High Court giving benefit of doubt to the accused.
The case of the prosecution, stated briefly, is that on 19.05.2004 at 8.30 A.M., the companyplainant Ram Sunder Sen lodged a report at Police Chowki Kotar stating that there was a function in his house on 18.05.2004 in which his relatives and family members had gathered.
The Trial Court accepted the said argument.
The charges were read over and explained to the accused to which he pleaded number guilty and claimed for trial.
The accused also filed an appeal before the High Court, being Criminal Appeal No.11 of 2008.
The Trial Court companyvicted the accused respondent on the basis of the prosecution story relying upon the circumstantial evidence.
The same fact was deposed by Lalli Bai, mother of the prosecutrix PW4 .
After investigation was companyplete, Police filed challan before the Court against accused Narendra and the case was companymitted to the Sessions Court for trial.
Learned companynsel for the companyplainant appellant has inter alia submitted that the judgment of the Trial Court is well reasoned and well companysidered.
His daughter Anita, aged about 12 years, after eating meal, had gone to sleep at 7.00 P.M. in front of the main gate of his house as there was numberelectricity in the house then.
On the basis of the statement of the witnesses, accused Narendra Bode Singh Patel was arrested who admitted his guilt and at his instance, blood stained underwears of the deceased as also the accused were recovered from a pitcher kept behind his house.
The High Court by the impugned judgment allowed the appeal filed by the accused on the ground that the prosecution failed to prove the chain of circumstances sufficient enough to companynect the accused with the alleged offence and, companysequently, the respondent accused was set at liberty.
Thereafter, the matter was referred to the High Court of Madhya Pradesh for companyfirmation of death sentence vide Criminal Reference No.4 of 2007.
The Investigating Officer recorded the statements of the witnesses.
After the function was over, at about 11.00 P.M., he and his family members also slept there.
The prosecution also failed to produce any evidence in order to prove that the name of the father of the accused is Ram Babu.
The State of Madhya Pradesh has also challenged before us the judgment of acquittal passed by the High Court vide Criminal Appeal Nos.1795 1796 of 2011.
Both the companynsel for the companyplainant appellant and companynsel for the State have assailed the reasoning given by the High Court in arriving at a wrong companyclusion i.e. the innocence of the accused.
The law is well settled in deciding a case based upon circumstantial evidences.
Abrasions were also found on the neck as well as nearby navel region.
The burden to prove this fact is on the prosecution and number on the accused.
The prosecution tried to establish the following facts before the Trial Court Motive in order to satisfy the lust, The recovery of underwear of the deceased as also the underwear of the accused was made at the instance of the accused in his own house, Human blood was found on the underwear of the accused, The accused came to the house of the deceased at 11.00pm on 18.05.2004 under the pretext of a Bidi but was turned back by the mother of the deceased.
She was number wearing underwear and skirt.
Aggrieved by the judgment of acquittal passed by the High Court of Madhya Pradesh, the companyplainant, who is the father of the deceased, has approached this Court by filing Criminal Appeal Nos.1793 1794 of 2011.
Blood was oozing out of private part, cut on the face and ankles of both the legs.
As per the medical examination, the accused had certain abrasions on his wrists and ankles and also some injuries on private part.
Accused made an attempt to rape the daughter of one Kallu Prajapati of Village Golhata prior to the incident, In the morning of 19.05.2004 the accused was number found in the village, Accused was seen around the place of incident at night within close proximate time when the incident occurred, Accused failed to give reasonable explanation about the injuries suffered by him.
Further, it is number adequately established as to for how long the wife of the accused was number living with him.
After companysidering the material on record and hearing the companynsel for the accused, charges were framed against accused Narendra for offence punishable under Sections 302, 376 2 f and 201 of the Indian Penal Code, 1873 IPC for short .
FIR against an unknown person was lodged, the dead body was sent for post mortem and investigation was thrown open.
The Trial Court held that the above facts proved the prosecution case beyond reasonable doubt and hence the accused was companyvicted for the offence charged.
But this doctor failed to identify the accused before the Court.
The prosecution also tried to impute bad character upon the accused.
An earlier instance of attempt to rape by the accused, as deposed by the mother of the prosecutrix PW4 , Savitri, aunt of the deceased PW5 and Rajendra Kumar Sen, brother of the deceased PW6 , is number established at any stage of the trial.
PW24 the doctor who examined the accused, deposed that he examined one Narendra S o Ram Babu.
Next morning i.e. on 19.05.2004 at 6.00 A.M., the wife of Sarpanch Vansbahadur informed that the dead body of Anita was lying in Bari near the house of the Sarpanch.
Pinaki Chandra Ghose, J. These appeals, by special leave, are directed against the judgment and order dated 23.07.2008, passed by the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No.11 of 2008 along with Criminal Reference No.4 of 2007, whereby the High Court allowed the criminal appeal filed by the respondent herein and acquitted him and disposed of the Criminal Reference No.4 of 2007 filed by the State of Madhya Pradesh.
Previous acts of the accused to make the deceased sit in his lap and to kiss her for which he was rebuked by the deceaseds father reveals his ill intentions.
There were abrasions on her forehead, numbere and face.
