IN RECEIVED FROM SESSIONS JUDGE Vs. MOHD FIROZ

JUDGEMENT

(1.) Since both the criminal appeals and criminal reference arose from a common impugned judgment dated 26.10.2013 passed by the learned Sessions Judge, Seoni in Special Case No.11/2013, and therefore these cases are decided by the present common judgment.

(2.) Vide judgment dated 26.10.2013 the learned Sessions Judge, Seoni in Special Case No.11/2013 convicted and sentenced the present appellants as under:

(3.) The prosecution case, in short, is that on 17.4.2013 at about 6:30 PM the appellant Rakesh Choudhary went with an unknown person to the house of the complainant Ramkumari (PW-1) situated at Village Ghansore (Police Station Ghansore District Seoni) on a pretext that the said unknown person was friend of her brother Shyam and he may be given some space in the house of Ramkumari and her mother Himma Bai (PW-6). Various children were playing in the courtyard. Himma Bai refused to provide the space to that unknown person, and therefore Rakesh Choudhary and his companion left the premises. After sometime it was found that the deceased-prosecutrix aged four years was missing. Ramkumari at about 8:35 PM lodged a missing report before the Police Station Ghansore. On 18.4.2013 some visitors found that one girl child was lying unconscious in the field of Badri Yadav. On getting information the witness Shyam Yadav went to the spot and found that the deceased-prosecutrix was lying unconscious and blood was oozing from her nostril. Her underwear was found lying in the side and skins of three bananas were also lying there. Shyam Yadav took the deceased-prosecutrix to the Government Hospital Ghansore. She was examined by Dr. Bharti Sonkeshriya, who sent an intimation Ex.P-37 to the Police Station Ghansore. Thereafter with permission of mother of the deceased-prosecutrix and the SDM Ghanshore, the deceased-prosecutrix was examined by Dr. Bharti Sonkeshriya and thereafter she was referred to the Medical College, Jabalpur. The deceasedprosecutrix was unconscious and she was not able to give any evidence. In the Medical College, Jabalpur Dr. Bharti Sahu examined the deceased-prosecutrix and gave her report Ex.P-40. Dr. Hemant and Dr. P. Dhirawani had also examined the deceased-prosecutrix and treated her. They gave a report Ex.P-41. It was confirmed that rape was committed with the deceased-prosecutrix, and therefore the case was registered. Thereafter the deceased-prosecutrix was sent to the Care Hospital Nagpur so that her life could be saved, but on 29.4.2013 she expired at Care Hospital, Nagpur. Dr. Dipak Ramratan Goyal, who treated the deceased-prosecutrix found that due to pressure caused on the mouth and throat of the deceased, oxygen could not reach in the brain, and also due to contusion in the private part of the deceased-prosecutrix, she died due to cardiorespiratory arrest. Thereafter Dr. Pradeep Gangadhar Dixit did the postmortem on the body of the deceased at the Medical College, Nagpur and gave his report Ex.P-46. He also found that the deceased-prosecutrix died due to bronchopneumonia and cerebral hypoxia owing to smothering. The various samples were sent to the Forensic Science Laboratory and investigation was done by the Investigation Officer. After much effort the appellant Mohd. Firoz was arrested. The identification parade was arranged with the help of Tahsildar Sudhir Jain (PW-16). Appellant Mohd. Firoz was duly identified by the complainant Ramkumari (PW-1), Ku. Priti Yadav (PW-7), Nitin Namdeo (PW-4) and Himma Bai (PW-6).