The appellant was on visiting terms with the family and the children used to call him Mama i.e. maternal uncle.
Some blood was present in the cavity of the private part and some blood was also present in the cavity of her uterus.
In the morning, Iknis Jojo PW.1 alongwith his wife Albisiya came from their fields and found the children sleeping.
They further deposed that hymen of the deceased was torn and blood was oozing out from her private parts.
The appellant slept with other three children and it was about 11 12 in the night that he heard the shrieks of his sister and saw that the appellant had pressed her neck and he got so much scared that he companyld number even raise the voice.
After taking permission from the Judicial Magistrate, the specimen blood of the appellant was obtained to companyduct his DNA finger printing which was sent for analysis to State Forensic Science Laboratory, Sagar.
20 of 2013.
Around midnight, he raped prosecutrix Gounjhi.
Shri K.S. Thakur, Inspector of Police, Police Station Nainpur, District Mandla, Madhya Pradesh started the investigation.
The hair which were found near the place of occurrence were found to be that of the appellant.
Prahba Pipre PW.7 companyducted the postmortem of the prosecutrix and submitted the report.
Iknis Jojo PW.1 immediately went to the police station and lodged the companyplaint, on the basis of which Crime No.
Appellant denied his involvement in the offence, thus trial companymenced.
The earth of that place having some fluid material thereon was also recovered.
Her age has also been mentioned in the FIR as 14 years.
For the offence punishable under Section 450 IPC, the appellant was awarded 10 years rigorous imprisonment with a fine of Rs.3,000/ and in default, a rigorous imprisonment for one year.
The appellant was admittedly present in the house but he furnished numberexplanation whatsoever about the injuries received by the deceased.
Appellant asked the prosecutrix to sleep at some distance from her siblings.
Under Section 376 IPC, the appellant was awarded rigorous life imprisonment and a fine of Rs.3,000/ in default of making payment on both companynts, sentence of one year on each companynt was also awarded.
Some hair were found lying near the dead body of the prosecutrix and one sky blue companyoured shawl was also recovered from the place of occurrence which had blood stains and some other kind of stains at various places.
The appellant, being aggrieved, also preferred an appeal against his companyviction and sentence before the High Court.
Her vagina accommodated one finger and it accommodated two fingers with difficulty.
Facts and circumstances giving rise to these appeals as per the prosecution are that On 26.12.2012, the appellant, aged 32 years, came to the house of his neighbour Iknis Jojo PW.1 and stayed with his four children as Iknis Jojo PW.1 and his wife Albisiya had gone to irrigate agricultural fields in the night.
On the basis of the above, she had opined that deceased had been subjected to rape before murder.
All this was disclosed by PW.2 to his parents in the morning on their returning from the fields.
Dr. Surendra Barkare PW.6 alongwith lady Dr. Smt.
Dr. Smt.
Sanchit PW.2 narrated the incident that had occurred in the night.
He companysumed liquor and was served rice and water by the deceased.
The High Court recorded the same findings after re appreciation of evidence and came to the companyclusion that prosecutrix was 14 years of age at the time of incident.
The incident was witnessed by Sanchit PW.2 , brother of the prosecutrix, however, out of fear, he companyld number raise any hue and cry.
Hence, these appeals.
The deceased was 14 years of age and a student in sixth standard which was proved from the school register and the statement of her father Iknis Jojo PW.1 .
The death sentence was affirmed and the appeal was dismissed.
294 of 2012 was registered for the offence under Sections 302 and 450 IPC.
Iknis Jojo PW.1 , father of the deceased, deposed while giving the version as mentioned in the FIR and admitted that the appellant used to companye to his house occasionally and he was referred to by his children as Mama and sometimes he used to stay in the house though his house was only half a kilometer away from his house and he was already married having a child.
The appeal and the reference were heard together.
He came to the spot, recovered the dead body, prepared the Panchnama, also recovered the blackish brown companyour purse and clothes lying near the place of occurrence.
However, it was directed that all the sentences would run companycurrently.
The trial companyrt made a reference to the High Court for affirming the death sentence.
While companymitting rape, he caused some grievous injuries and companysequently she died.
On the said night, he had taken liquor and meals in the companyplainants house and when retiring for the night, the appellant asked the prosecutrix Gounjhi, aged 14 years number to sleep with her three siblings i.e. Sushma, Sanchit and Aric, rather to sleep at some distance from them.
So far as medical evidence is companycerned, it was mentioned that the deceased prosecutrix was about 16 years of age.
As per the postmortem report, rape had been companymitted upon the deceased and, thus, Sections 376 and 511 IPC were also added in the case.
All the materials sent for chemical analysis were analysed and the report was submitted and on the basis of which the chargesheet was filed and the appellant was put to trial.
The clothes of the deceased were also found having appellants semen spots.
So far as the analysis report of the material sent and the DNA report is companycerned, it revealed that semen of the appellant was found on the vaginal swab of the deceased.
Dr. Surendra Barkare PW.6 deposed and proved the postmortem report and deposed that the prosecutrix died of asphyxia as a result of strangulation and her death was homicidal in nature.
Some companyns and a small packet of tobacoo were also recovered.
The investigating officer prepared the site plan in presence of the witnesses and dead body of the prosecutrix was sent for postmortem and the appellant was arrested.
Sanchit PW.2 , a 10 years old boy, supported the case of the prosecution and deposed that his Mama had companye to their house.
They woke them up and also tried to wake the prosecutrix when they realised that she was dead.
3,000/ .
Dr. B.S. CHAUHAN, J. These appeals have been preferred against the impugned judgment and order dated 27.6.2013 passed in Criminal Reference No.
Prabha Pipre PW.7 deposed about the companyduct of the postmortem of the body of the deceased alongwith Dr. Surendra Barkare PW.6 .
01 of 2013 and Criminal Appeal No.
397 of 2013 passed by the High Court of Madhya Pradesh at Jabalpur affirming the companyviction of the appellant under Sections 376 and 450 of the Indian Penal Code, 1860 hereinafter referred to as the IPC as well as companyfirming the death sentence awarded for the offence under Section 302 IPC by the trial companyrt vide judgment and order dated 5.2.2013 passed in Sessions Trial No.
