CHIRANJI LAL Vs. STATE

JUDGEMENT

(1.) THE judgment and order under challenge is dated 14. 9. 2006. The appellant has been convicted for the offence punishable under Section 364-A IPC; the offence punishable under Section 376 IPC and the offence punishable under Section 302 ipc.

(2.) THE unfortunate victim of the crime is a young girl named Manju aged 9 years.

(3.) WITH reference to the testimony of PW-1 and PW-2 the learned Trial Judge has held that it stands established that ransom in sum of Rs. 50,000/- was demanded over the telephone to release Manju under threat of physical harm to her. With reference to the testimony of Manish Gaur pw-6 the learned Trial Judge has held that it stands proved that on 25. 11. 2001 the appellant and the deceased had stayed in an inn at Jodhpur. With reference to the testimony of Gafur Khan PW-10, ASI Swarup Singh PW-11 and Inspector narayan Singh PW-15 the learned Trial Judge has held that it stands established that the dead body of Manju was for the first time noted and hence recovered on 30. 11. 2001 from a spot near the railway line within the jurisdiction of PS Pokharan, District Jaisalmer, Rajasthan and that footprints were lifted in a mould as recorded in the memo Ex. PW-11/c, which footprints, with reference to the imprints of the sole tallied with the sole of the slippers worn by the appellant when he was arrested near Pokharan Railway station on 5. 12. 2001. With reference to the post-mortem report Ex. PW-14/a and the testimony of Dr. S. L. Jangin, the learned Trial Judge has held that it stands established that Manju was raped before she died. The learned Trial Judge has also referred to the report Ex. PW-20/e of the Forensic Science Laboratory as per which the vaginal cervical swab of the deceased taken by PW-14 showed presence of human semen.