The judgment emphasizes the requirement of reliable and substantive evidence to establish guilt, highlighting the insufficiency of recoveries alone to prove the accused's guilt.

JUDGMENT

Mehta, J. - The appellant herein has been convicted and sentenced as below vide judgment dated 03.04.2018 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Churu in Special Sessions Case No.43/2013:-

2. He has preferred the instant appeal under Section 374 (2) Cr.P.C. for assailing his conviction and the sentences awarded to him by the trial court by the impugned judgment.

3. Briefly stated the facts relevant and essential for disposal of the instant appeal are noted hereinbelow:-

Shri Prabhu Ram (PW.4) lodged a written report (Ex.P/11) to the Superintendent of Police, Churu on 08.06.2013 alleging inter alia that his daughter Mst. ’N’ (hereinafter referred to the as ’the victim’) was being stalked and molested by Guttu, Bhajana Ram sons of Bhani Ram, Shankar Lal S/o Shri Kushala Ram and 3-4 other boys. The informant implored Bhani Ram but he did not desist and insinuated that if any complaint was made, the girl would be carried off. On the very same morning, his daughter, the victim had gone to the nearby field for attending to the call of nature and for making cow-dung cakes. While she was there, Guttu, Bhajan Lal, Shankar Lal and 3-4 other boys subjected the victim to gang rape. The girl cried out in anguish. The informant and his son Kamal ran towards the source of the fervent cries and saw the accused persons inflicting sharp weapon injuries to the victim and thereafter, they poured some poisonous substance into her mouth and fled away from spot. The informant alleged in the FIR that he and his son Kamal saw the accused committing the crime and running away from the place of incident from close quarters. His daughter fell down while bleeding profusely. On hearing hue and cry, the family members collected, the police was informed who picked up the girl and got her admitted to Bhartiya Hospital, Churu but she did not survive and passed away.

4. On the basis of this report, FIR No.44/2013 for the offences punishable under Sections 376 (>), 302, 328/34 IPC and Sections 3(1)(xii) and 3(2)(v) of the SC/ST (Prevention of Atrocities) Act was registered at the Police Station Bhaleri, District Churu and investigation commenced. The accused appellant Bhajan Lal was arrested. It is alleged that in furtherance of the disclosure statement made by accused appellant to the IO under Section 27 of the Evidence Act, recoveries of the knife used for inflicting injuries to the victim and the bottle of insecticide from which she was administered poison were effected. During investigation, the IO did not find other persons named in the FIR to be involved in the crime and accordingly, charge-sheet came to be filed only against the accused appellant for the offences punishable under Sections 302, 328 IPC and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act. The trial court framed charges against the accused appellant for these offences. He pleaded not guilty and claimed trial. Eleven witnesses were examined whereafter, the prosecution moved an application under Section 311 Cr.P.C. which was accepted and Shankar Lal and Guttu were also summoned as additional accused to face trial in the case.

5. Charges were framed against these accused also. They too pleaded not guilty and claimed trial. One more witness was examined and the prosecution evidence was closed. In addition to the examination of 12 witnesses, the prosecution also exhibited 45 documents in support its case. The accused, upon being questioned under Section 313 Cr.P.C., claimed to be innocent and stated to have been falsely impl