CHAMPA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This order will decide D.B. Criminal Appeals No. 623/2004 and 759/2004 against the judgment dated 03.06.2004 of Additional District and Sessions Judge (Fast Track), Bali passed in Sessions Case No. 52/2003. Out of these appeals, Appeal No.759/2004 has been preferred by the appellant as Jail Appeal and Appeal No. 623/2004 has been preferred as representative appeal.

(2.) The brief facts of the case are that on 02.03.2003, PW-3 Sava Ram lodged a report Ex.P/16 in Police Station Nana that his house is situated in Selto Ki Phali and he used to work at Chamunderi and at his residence, his wife resides with his sons and daughters. On 27.02.2003, in the evening, his daughter Champi aged about 9 years, along with another daughter Singri aged about 11 years, after taking their meals, went to Ven Field for playing with other children. While Champi was playing in the field with the other children, accused-appellant Champa came there, took her from there near a tree of "borli". Later on, he went along with Champi near the hand-pump. Jagga Ram S/o Shri Mansa Ram, Singri D/o Sava Ram and Megi D/o Waga Ram saw Champa taking Champi towards the hand-pump and this fact was also seen by Deva S/o Gaja Ram and Bhera S/o Navaji. In the night, his daughter Champi did not return to home. His family members thought that Champi might have slept at any place but on the second day also, Champi did not return to home, then his wife started to search her and on being inquiry Jagga Ram, Singri and Megi told her about the fact of taking Champi by Champa. They also inquired from Champa but he refused to see Champi anywhere. On dated 01.03.2003, in the night at about 8.00 pm, dead body of his daughter was found in the field of Vagta Ram and no cloth was found on her body and there were injuries on the face and other parts of the body and the dead body was covered with big stones. His daughter Champi was kidnapped/abducted by accused-appellant Champa on 27.02.2003 in the night from the Ven Field and after committing rape with Champi, she was caused to death by stones.

(3.) On this report, FIR No.34/2003 under Sections 363, 366-A and 376(2)(F) Penal Code was registered and investigation commenced. During the course of investigation, accused-appellant Champa was arrested. Statements of witnesses were recorded by the Investigating Officer. Autopsy was conducted on the body of the deceased. Medical examination of the body of accused-appellant Champa was conducted for determining sexual capability. Information under Sec. 27 of the Indian Evidence Act was recorded by the Investigating Officer and on the basis of that information, the clothes, which were worn by deceased Champi were recovered and after usual investigation, charge-sheet under Sections 363, 366, 376(2)(F) and 302 Penal Code was presented in the court of Civil Judge (SD), Bali from where the case was committed to the Court of Additional District & Sessions Judge, Bali and further the case was transferred for trial to the court of Additional District & Sessions Judge (Fast Track), Bali.