BANTI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal has been filed preferred by the appellant being aggrieved by the judgment dtd. 21/8/2012 passed by passed by Special Judge, SC/ST (Prevention of Atrocities) Act, Indore in Special Session Trial No.64/2010 whereby the trial court has convicted the appellant of offence punishable under Sec. 376 (2)(F) of IPC and sentenced him to undergo 10 years' R.I. with fine of Rs.1000.00 and in default of payment of fine, three months' additional imprisonment.

(2.) According to prosecution story, on 7/6/2010 at 11.30 a.m. blooded dead-body of victim aged 5 years daughter of Laaduram Bhilala was found from railway campus of Cabin "C" under the Rajkumar Bridge, Indore. Then it was informed by PW-3 Mukesh Aacharya, Superintendent, Railway Station vide Ex.P-1 to GRP Police Station, Indore, which was registered as Merg intimation No.15/2010 at police station -Tukoganj, Indore. Sub-inspector Irfaan Saiyad PW-17 enquired the Merg by reaching at spot and prepared spot map Ex.P-25 and scientific officer also prepared spot map Ex.P-12. PW-1 Sub-inspector Irfaan Saiyad seized plain soil and blooded soil from the spot and prepared seizure memo Ex.P-1 and prepared dead-body Panchayatnama Ex.P-23 in presence of witnesses and then after prepared application form Ex.P-9 and sent dead-body for postmortem. In postmortem report, Dr. Prashant Rajput PW-8 found that the death is caused by injuries on the head and also gave information that before the death of deceased the victim was raped.

(3.) Police registered F.I.R. and during investigation police found that the accused took victim with him by alluring her or bringing biscuits and raped and assaulted her by stone causing death of the victim. Police arrested the accused and prepared memorandum under Sec. 27 of Evidence Act Ex.P-4 and seized skirt of the deceased and clothes worn by the accused and prepared seizure memo Ex.P-5 and Ex.P-6. Accused/appellant was sent to hospital for medical examination. Doctor gave report that he was competent to do intercourse. During investigation, police seized his underwear, his pubic hair and prepared urethral slide and sealed it. Police prepared identification form of the accused for DNA report and sent it for FSL report vide Ex.P-20. During investigation, police took statements of witnesses and after completing due investigation filed charge-sheet before the magistrate court. After committal, this case was sent to Special Judge, SC/ST (Prevention of Atrocities) Act for trial.