STATE OF RAJASTHAN Vs. MAHENDRA KUMAR

JUDGEMENT

(1.) Vide this order, above mentioned death reference as well as the appeal filed by the convict against the judgment/order dtd. 7/12/2019 passed by the trial court, whereby, convict was convicted and sentenced for offence punishable under Ss. 376 376(2)(f), 450 and 380 of Indian Penal Code, 1860 (hereinafter referred to as "IPC").

(2.) Prosecution case was set in motion on the basis of statement of Bhanwarlal-complainant. As per Exhibit-P.27, complainant alleged that on 21/5/2011 at about 9.00/10.00 AM he and his wife had gone to do labour work. His daughter aged about 7 years was alone at home. When complainant returned home at about 3.30 PM, he could not find his daughter or his goat and he inquired from the neighbourhood. At about 4.0/5/0 PM his wife returned home. Thereafter, Ramdayal contractor also came there and he (complainant) informed him (Ramdayal) that his (complainant) daughter was not traceable. He (Ramdayal) asked the complainant to bring a photograph of his daughter. While he (complainant) had gone to got the photograph of his daughter from the shop, Ramdayal and his wife found the dead body of his (complainant) daughter after opening the door of the room of the house. Then, Ramdayal contractor informed him on phone that dead body of his (complainant) daughter had been found. Complainant rushed home and saw the dead body of his daughter and found that his daughter was bleeding from her private parts and a jute string had been tied around her neck. Police reached the spot.

(3.) On the basis of complaint (Exhibit-P.27), First Information Report No.155 dtd. 21/5/2011 (Exhibit-P.28) was registered at Police Station Phagi, District Jaipur Rural under Ss. 376, 302, 379 IPC.