STATE OF RAJASTHAN Vs. KAMLA

JUDGEMENT

(1.) The State of Rajasthan on being dissatisfied with the order of acquittal recorded by the high Court in Criminal Appeal No. 23 of 1973 has preferred this appeal.

(2.) The respondent and her husband Mal Singh (since acquitted) took their trial for offences under Section 302, IPC in the alternative under Sec. 302 read with See. 34, IPC and also under Sections 201 and 394, IPC. The case of the prosecution is that on 23-10-1971 the deceased Sarju who was about 7 years at the time of the occurrence was missing and not traceable in spite of incisive search made by the parents, relatives and villagers. Therefore, one Moti Lal (PW.8) reported this incident to the concerned police station on 24-10-71 at about 3.45 p.m.

(3.) During the course of the investigation on the statement of P.W. 1 that the deceased girl was found in the house of the respondent in the afternoon of 23-10-7 1, the police arrested respondent and her husband. In pursuance of the admissible portion of the statement of the respondent, not only the dead body was exhumed but also some ornaments of the deceased girl were recovered.