MOHD. FIROZ Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present appeal was initially filed by the appellant-Bibi Sidhika, the mother of the accused Mohd. Firoz, challenging the legality and validity of the impugned common judgement and order dtd. 15/7/2014 passed by the High Court of Judicature, Madhya Pradesh at Jabalpur, in the Criminal Reference No. 09 of 2013, Criminal Appeal No. 2920 of 2013 and Criminal Appeal No. 3132 of 2013. During the pendency of the present appeal, the said appellant having expired, the accused Firoz has been substituted as the appellant in view of the order passed by this Court on 21/10/2021.

(2.) The case of the prosecution as unfolded before the trial court was that on 17/4/2013, at about 06:30 PM, one Rakesh Choudhary (original accused no. 2) came to the house of the informant Ramkumari (mother of the victim) along with an unknown person (the present appellant-original accused no. 1) and requested the said Ramkumari and her mother Himmabai to provide an accommodation to the said unknown person for a day, however, Himmabai refused to provide such accommodation. Thereafter, Rakesh Choudhary left and his friend sat for a while at the courtyard of the house of the complainant, where the victim aged about four years was playing with her brother Ramkishan and other cousins. After sometime, Ramkumari found that her daughter was missing and the other person (the accused no. 1) was also not there. She along with others tried to search her daughter at the nearby places, however, her daughter was not found. After sometime Ramkishan came with some bananas and told Ramkumari that Bhaijaan (accused no. 1) had taken the victim with him. Ramkumari therefore went to the police station Ghansaur for lodging a missing report. On the next day i.e., on 18/4/2013 morning, some villagers found that one girl child was lying unconscious in the field of one Badri Yadav. On receiving such information, Shyam Yadav, the brother of Ramkumari went to the spot and found that the victim was lying unconscious and blood was oozing from her mouth and nostrils. He immediately took the victim first to the Police Station and then to the Government Hospital at Ghansaur, however, since the condition of the victim was deteriorating, she was shifted to the hospital at Jabalpur. The Doctors who examined and treated her confirmed that a rape was committed on the victim. Considering her serious condition, the victim was taken to the Care Hospital at Nagpur, however, on 29/4/2013, the victim expired at the said hospital. Dr. Pradeep Gangadhar Dixit, a professor and H.O.D. in Forensic Medicine Department, Medical College, Nagpur along with his colleagues conducted the postmortem of the dead body of the victim at about 10.35 AM on 30/4/2013 and noted the external and internal injuries on the body of the victim. The final cause of death was stated to be "bronchopheumonia and cerebral hypoxia, which was caused by smothering the nose and mouth."

(3.) In the meantime, Mr. R.D. Barthi, In-charge Inspector, Police Station, Ghansaur, on the missing person report given by Ramkumari Bai had started investigation and found that the accused Firoz Khan (the present appellant), who was working in Jhabua Power Plant had taken away the victim deceitfully. He therefore registered an FIR being no. 68 of 2013 against the accused at about 06:40 AM on 18/4/2013 for the offences under Sec. 363 and 366 of IPC. The accused Rakesh Choudhary came to be arrested on 20/4/2013 and the appellant-accused Firoz was arrested on 23/4/2013 from Husainabad, Police Station Mojahidpur, Balsaur, Bhagalpur, Bihar.