TEJ BAHADUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a case where the Appellant stands convicted under Sections 302 and 376 of the I.P.C. besides some other minor offences. He was sentenced to imprisonment for life on the major count and rigorous imprisonment for seven years for the next serious count. The High Court confirmed the conviction and sentence and dismissed the appeal filed by the Appellant.

(2.) The case against him is that he committed rape on a twenty four year-old housewife named Lakshmi during the wee hours of 9.8.1994. Lakshmi was sleeping with her child during that time as her husband was doing duty outside as a watchman. The Appellant is alleged to have entered the house of the deceased and committed rape on her and strangulated her to death. Her husband-P.W. 1 when returned home at 4.30 a.m., he found his wife lying dead on the floor while the child was sleeping on the cot. He reported the matter to the police on the next morning with the help of his brother-P.W. 2. The Appellant was arrested on the same evening and he was examined by a doctor who noted some abrasions on his person.

(3.) The case depends entirely on circumstantial evidence. There is no dispute that Lakshmi was strangulated to death on the night in question but there is no evidence of any rape as P.W. 5 the doctor who conducted the autopsy did not come across any feature of forcible sexual intercourse.