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2021 Supreme(Raj) 52

SABINA, MANOJ KUMAR VYAS
State of Rajasthan – Appellant
Versus
Mahendra Kumar – Respondent


Advocates Appeared:
For the Appellant : Sudhir Jain, Amit Ratnawat, Monu Kumar, Parth Sharma and Bheem Singh Meena.
For the Respondents:Javed Chaudhary, Additional Government Advocate.

JUDGMENT :

1. Vide this order, above mentioned death reference as well as the appeal filed by the convict against the judgment/order dated 7.12.2019 passed by the trial court, whereby, convict was convicted and sentenced for offence punishable under Sections 376(2)(f), 302, 450 and 380 of Indian Penal Code, 1860 (hereinafter referred to as "IPC").

2. Prosecution case was set in motion on the basis of statement of Bhanwarlal-complainant. As per Exhibit-P.27, complainant alleged that on 21.5.2011 at about 9.00/10.00 AM he and his wife had gone to do labour work. His daughter aged about 7 years was alone at home. When complainant returned home at about 3.30 PM, he could not find his daughter or his goat and he inquired from the neighbourhood. At about 4.00-5.00 PM his wife returned home. Thereafter, Ramdayal contractor also came there and he (complainant) informed him (Ramdayal) that his (complainant) daughter was not traceable. He (Ramdayal) asked the complainant to bring a photograph of his daughter. While he (complainant) had gone to got the photograph of his daughter from the sh

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