DASHRATH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred the present appeal against the judgment dated 20.6.2005 passed by the First Additional Sessions Judge, Mandsaur in Sessions Trial No.15/2005, whereby he has been convicted for commission of offence punishable under Sections 376 and 302 of the Indian Penal Code 1860 (in short the I.P.C.) and sentenced him to undergo for 10 years of rigorous imprisonment with fine of Rs.500/- and life imprisonment with fine of Rs.500/- respectively with default stipulation.

(2.) Brief facts of the case are that on 16.10.2004 a missing person report was lodged by Heeralal at Police Station Y.D Nagar, Mandsaur to the effect that his 08 years old daughter is missing from 15.10.2004 at around 7 p.m. On 19.10.2004 at around 6.00 in the evening dead body of the missing daughter of Heeralal was found in the field of Najma Khan. Hence, merg under Section 174 of Cr.P.C. was registered. During the enquiry, the lash panchnama (Ex.P/3) was prepared. The dead body was sent for postmortem. Spot map (Ex.P/6) was prepared. An inner wear and front page of a newspaper were recovered from the spot. From the postmortem report, it was disclosed that rape was committed with the victim and after that she was murdered by throttling. The statements of the witnesses were recorded. On the basis of statement of Seema, who is the younger sister of the victim, it is revealed that on 15.10.2004, accused Dashrath allured her sister by offering 2 rupees and tempted her to accompany him saying her that he will take her to watch garba dance. Thereafter the accused was arrested and on the basis of his disclosure statement recorded under Section 27 of the Evidence Act, his blood and semen stained inner wear was recovered from his house. The seized articles were sent for chemical analysis to the Regional Forensic Scientific Laboratory, Indore. After completion of the investigation, the charge sheet was filed before the Chief Judicial Magistrate, Mandsaur, who committed the case to the Court of Sessions Mandsaur and ultimately it was transferred to First Additional Sessions Judge, Mandsaur for trial.

(3.) The appellant abjured his guilt. He took a plea that he is innocent and has falsely been implicated in the matter for the reason that the sister of Heeralal was married to him, who died on account of burning and due to this enmity, a false report has been lodged against him. But, he has not adduced any evidence in his defense.