The refusal or failure of the accused to submit to a blood test can be used as corroborative evidence against him.

N. C. SHARMA, J.

( 1 ) (MISS) Swati, a young girl of about 20 in Nov. , 1986, and daughter of Charandas Lodha of Purana Fatehpura, Sewa Mandir Road Udaipur, who was a compulsorily retired Government servant sometime in the year 1984-85 and was still yearning for his pensionary benefits and was suffering from some mental disorder, and who had his counterpart Kiran Devi, having completed her Higher Secondary at Udaipur, shifted to Ajmer to join Sophia Womens College there for graduation in or about 1984 and became a Sophian. Apart from being young, she was a sports woman as well and played tennis by shunting balls from this Court to that Court. At Ajmer, there was Dr. Raj Kumar Jaipal (to be referred hereafter as only "raj Kumar"), born to Jas Raj, a former member of the Rajasthan Legislative Assembly, through his wife, Smt. Bhagwati Devi a former State Minister in the State of Rajasthan, who had himself contested the election in the State Legislature from Ajmer East Assembly (Reserved) Constituency, in the year 1985. Usha and Renu were two real sisters of Raj Kumar and had acquaintance with (Miss) Swati. Swati says that at their request she canvassed door-to-door for Raj Kumar in that election, and Raj Kumar was declared elected as Member of the Rajasthan Legislative Assembly from that constituency. Raj Kumar thanked her for the canvassing and for persuading the voters to vote for him, and often used to meet her at Ajmer.

( 2 ) FATHER of Swati having been compulsorily retired, how she was pulling on with her Sophian expenses at Ajmer, is explained in this manner that her mother, who was not employed anywhere, had some income from her investments in the marble-business of one Mr. Gupta, although, she neither knew the firms name, nor the amount of investment. Swati and Raj Kumar had gone to Agra and visited that one of the wonders of the world known as Taj-Mahal, which Emperor Shahjahan had built to perpetuate the memory of his wife, Mumtaz Begum, after her death. It might have been built in token of the profound love which the Emperor for Mumtaz Begum or out of the Emperors fantasy or monumental taste. But, it is regarded as a monument in the memory of a wife of an Emperor to whom he loved. We find in this case several photographs in colour, which indicate that Rajkumar and Swati were at Agra in the prime of their youth to virtually display the so-called love which they posed to have towards each other. The photographs show that Raj Kumar was in too serious posture, but Swati was all out for him. On completing her appearance at Graduate Examination, she alleged that she came to her home-town, Udaipur, in June, 86. She received a telegram in June 86 (Ex. P3) from Raj Kumars servant and another telegram in July, 86 (Ex. P. 4) from Raj Kumar himself, requesting her to reach Ajmer. But, she did not go to Ajmer. On the next day of deepawali. i. e. on the day what is known popularly as bhaiyadooj day. Raj Kumar is alleged to have himself gone to Udaipur and visited the house of Swati, located at Purana Fatehpura, Sewa Mandir Road, Udaipur. On that day, Raj Kumar was for the first time, introduced to the family of Swati. Raj Kumar had come to Udaipur in a bottle green colour Maruti Car, without number plate. It is said that Raj Kumar requested her guardians that he would stay for that day at Swatis house. As his way of putting things was sophisticated, her parents permitted him to stay there. Raj Kumar had his dinner at Swatis house. The parents and younger brother of Swati had gone out to somebody elses house for dinner, on account of bhaiyadooj. Swati herself cooked the food and Raj Kumar took dinner along with two younger sisters of Swati, named Kirti and Sapna. After taking their dinner, her both the sisters went for sleep to their bedroom. After dinner, since Raj Kumar Jaipal had asked for a cup of coffee, Swati prepared coffee for Raj Kumar and herself. She placed both the coffee-mugs on the dinning table. Raj Kumar aske