JAI KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against judgment dated 31-5-2006 passed in Sessions Trial No.339/2005 by 12th Additional Sessions Judge (FTC), Raipur (CG). By the impugned judgment, the appellant has been convicted and sentenced in the following manner with a direction to run the sentences concurrently: Conviction Sentence Under Section 363 IPC Rigorous imprisonment for 7 years and to pay fine of Rs.500/-, in default of payment of fine, to further undergo rigorous imprisonment for 6 months Under Section 376 IPC Rigorous imprisonment for 10 years and to pay fine of Rs.500/-, in default of payment of fine, to further undergo rigorous imprisonment for 6 months Under Section 302 IPC Imprisonment for life and to pay fine of Rs.1,000/-, in default of payment of fine, to further undergo rigorous imprisonment for 6 months Under Section 201 IPC Rigorous imprisonment for 7 years and to pay fine of Rs.500/-, in default of payment of fine, to further undergo rigorous imprisonment for 6 months

(2.) The facts, briefly stated, are as under: Deceased Ku. Neera was daughter of Kejuram (PW-1). She was missing since the evening of 15-8-2005. A search was made by the parents. When she could not be searched, a missing report (Ex.P-33) was lodged by Kejuram (PW-1) at about 11:30 A.M. on 16- 8-2005. Later on, on recording 161 Cr.P.C. statements of Mahendra (PW-2), Rajeshwaribai (PW-16) and Baisakhinbai (PW-5), it revealed that the deceased had gone with the appellant on a motorcycle. The appellant was then taken into custody on 17-8-2005 and his discovery statement (Ex.P-11) under Section 27 of the Evidence Act was recorded and dead body of the deceased was seized at his instance vide seizure memo (Ex.P-12). Inquest (Ex.P-7) on the dead body was prepared and it was sent for post mortem.

(3.) The post mortemexamination was conducted by a team of 3 doctors including Dr. Ulhas Gondale (PW-18). The autopsy surgeon found that it was a case of strangulation by using a ligature and the death was homicidal in nature. There was a deep ligature mark around the neck of the deceased. It was horizontally placed and was regular. A ligature (piece of cloth) was also found around the neck. There were other injuries also. The autopsy surgeon also found injuries on the inner portion of labia minora. The post mortem report is Ex.P-8. Various articles were seized during the course of investigation. They were sent for chemical examination to Forensic Science Laboratory, Raipur, from where a report (Ex.P-34) was received. According to the FSL Report (Ex.P-34), human spermatozoa were found in the slides prepared from the vaginal swab of the deceased and they were found in the slide prepared from the semen of the appellant. The slides were not sent for serological examination. The prosecution came up with the case that the appellant abducted the deceased from Village Jhanki and took her on his motorcycle to Village Sarkhiroad where she was subjected to forcible intercourse by the appellant and thereafter she was strangulated by him and the dead body was left at that place. Admittedly, there was no eye witness to the incident and the case of the prosecution was based on circumstantial evidence. Following are the circumstances on which the Sessions Judge relied and convicted and sentenced the appellant as above: