RAM SUNDER SEN AND ORS. Vs. NARENDER

JUDGEMENT

(1.) These appeals, by special leave, are directed against the judgment and order dated 23.07.2008, passed by the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No.11 of 2008 along with Criminal Reference No.4 of 2007, whereby the High Court allowed the criminal appeal filed by the respondent herein and acquitted him and disposed of the Criminal Reference No.4 of 2007 filed by the State of Madhya Pradesh.

(2.) The case of the prosecution, stated briefly, is that on 19.05.2004 at 8.30 A.M., the complainant Ram Sunder Sen lodged a report at Police Chowki Kotar stating that there was a function in his house on 18.05.2004 in which his relatives and family members had gathered. His daughter Anita, aged about 12 years, after eating meal, had gone to sleep at 7.00 P.M. in front of the main gate of his house as there was no electricity in the house then. After the function was over, at about 11.00 P.M., he and his family members also slept there. Next morning i.e. on 19.05.2004 at 6.00 A.M., the wife of Sarpanch Vansbahadur informed that the dead body of Anita was lying in Bari near the house of the Sarpanch. She was not wearing underwear and skirt. There were abrasions on her forehead, nose and face. Abrasions were also found on the neck as well as nearby navel region. Blood was oozing out of private part, cut on the face and ankles of both the legs. FIR against an unknown person was lodged, the dead body was sent for post-mortem and investigation was thrown open. The Investigating Officer recorded the statements of the witnesses. On the basis of the statement of the witnesses, accused Narendra @ Bode Singh Patel was arrested who admitted his guilt and at his instance, blood-stained underwears of the deceased as also the accused were recovered from a pitcher kept behind his house.

(3.) After investigation was complete, Police filed challan before the Court against accused Narendra and the case was committed to the Sessions Court for trial. After considering the material on record and hearing the counsel for the accused, charges were framed against accused Narendra for offence punishable under Sections 302, 376(2)(f) and 201 of the Indian Penal Code, 1873 ("IPC" for short). The charges were read over and explained to the accused to which he pleaded not guilty and claimed for trial.