14^th - January -2022

Per G.S. Ahluwalia J.

This Criminal Appeal under Section 374 of Cr.P.C. has been

filed against the judgment and sentence dated 18/5/2010 passed by

First Additional Sessions Judge, Guna in ST No.63/2010, by which

the appellant has been convicted under Sections 302, 376 read with

Section 511 of IPC and under Section 25 (1-B) (b) of Arms Act and

has been sentenced to undergo life imprisonment for offence under

Section 302 of IPC and a fine of Rs.5,000/-, in default three years'

rigorous imprisonment, Five years' rigorous imprisonment for offence

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under Section 376 read with Section 511 of IPC and a fine of

Rs.2,000/-, in default one year's rigorous imprisonment and One year

rigorous imprisonment for offence under Section 25 (1-B) (b) of

Arms Act and a fine of Rs.500/-, in default three months' rigorous

imprisonment. All the sentences have been directed to run

concurrently.

2.

The necessary facts for disposal of the present appeal in short

are that the complainant Gopaldas lodged a report on 30/11/2009 at

19:00, on the allegation that he is the resident of Jhagar. At 5:30 pm

he was informed by Jitendra that the prosecutrix had returned from

school at 12 pm after giving her examination and thereafter, went to

answer the call of nature alongwith a Lota (a globular water

container), however, she has not returned back. He has also tried to

search her, but could not get any information about her whereabouts.

Thereafter, the complainant sent his son Ramkrishna, Jitendra and

Ramjidas to search for the prosecutrix, but after 30-45 minutes, they

came back and informed that the prosecutrix is lying in the field of

Mangilal Pathak. She has abrasions on her back. She is semi-naked

and her Chunni is wrapped around her neck. Blood has come out

from her nose. Face and hairs are stained with wet mud. Thereafter,

he also went to see the prosecutrix and found that the prosecutrix was

lying on the ground upside down and her back had abrasions and she

was in a semi-naked condition and she was strangulated by her

Chunni and her face and hairs are stained with wet mud and the blood

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has come out of her nose. She is dead. Thereafter, it was alleged that

somebody has killed her granddaughter after committing rape on her.

On this information, the police registered the FIR in Crime

No.283/2009 for offence under Sections 302, 376 of IPC.

3.

The dead body of the prosecutrix was sent for postmortem.

Vaginal slide was prepared. The cloths of the deceased were sealed.

Sleeper and Lota were seized from the spot. The statements of the

witnesses were recorded. The appellant was arrested and on the basis

of his memorandum, one knife and his clothes were seized. They

were sent for forensic examination. The police after completing the

investigation, filed charge-sheet for offence under Sections 302, 376

of IPC and Section 25 (1-B) of Arms Act.

4.

The Trial Court by order dated 1/4/2010 framed charges under

Sections 376, 302 of IPC and under Section 25 (1-B) (b) of Arms Act.

5.

The appellant abjured his guilt and pleaded not guilty.

6.

The prosecution examined grandfather of the prosecutrix “A”

(PW-1), Uncle of prosecutrix “B” (PW-2), Brother of the prosecutrix

“C” (PW-3), Manoj (PW-4), Uncle of the prosecutrix “D” (PW-5),

Aunty of the prosecutrix “E” (PW-6), Mother of the prosecutrix “F”

(PW-7), Aunty of the prosecutrix “G” (PW-8), Anil Kumar Rai (PW-

9), Badrilal (PW-10), Dr. Manish Jain (PW-11), S.P. Sharma (PW-12),

R.B.S. Raghuvanshi (PW-13), Rajendra Sharma (PW-14), and Ashok

Singh Tomar (PW-15).

7.

.

The appellant did not examine any witness in his

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defence.

8.

The Trial Court by the impugned judgment has convicted and

sentenced the appellant for the above-mentioned offences.

9.

It is an unfortunate case where the counsel engaged by the

appellant did not appear. Thereafter, this C