RATAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal under Sec. 374, Cr. P.C. arises out of the judgment and order dated 26-6-97 passed by the learned Special Judga, Women Atrocities and Dowry Cases, Jaipur, thereby convicting and sentencing .the accused appellant in the manner stated below : Under Sec. 302, IPC Life imprisonment with a fine of Rs. 1000/-, in default thereof, to further undergo 4 months' simple imprisonment. Under Sec. 376(2)(F), IPC' Ten yearslrigorous impris" onment with fine of Rs. 500/-, in default there of to further undergo 2-months' simple imprisonment: Under Sec. 366, IPC Seven years' rigorous imprisonment with a fine of Rs. 500/-, in default' thereof, to further uhdergo 2 months' simple imprisonment.

(2.) On 28-10-91, at about 7 p.m., PW-2 Dr. Amolak Chand Mewara lodged a written report, Ex. P1 at Police Station, Phulera, district Jaipur to the effect that his daughter Bebi alias Vandana aged about 4 years who was playing with the children in front of his house at about 4.30 |p.m. was missing. He made all efforts to trace her out, but of no avail. While, describing the age, colour, cloths, language etc. of his daughter, Dr. Amolak Chand requested the police to trace her out.

(3.) On 29-10-91 at about 3.30 a.m., PW 1 Bharat Singh, Assistant Sub-Inspector Submitted a written report, Ex. P.2 to the Ihcharge, Police Station, Phulera alleging therein that in continuation to the report of Dr. Amolak Chand Mewara, two constables namely Dayanand and Kalu Ram were on duty to search out the missing girl. At about 3.00 a.m,, Om Prakash Patwari and Damodarlal informed at the police station that dead body of a girl was lying in Loco Colony. Haying received the information, PW-1 Bharat Singh, ASI along with Constables Prabhu Lal, Rohitash and Hanuman reached Loco Colony, where number of persons had already collected. He found the dead body of a girl lying in the verandah of Quarter No. L/128-M. Dr. Amolak Chand identified the dead body as that of his daughter Vandana. As per the report Ex P2, he saw bleeding from eyes, nose and mouth of the dead body- and abrasion on her neck were also noticed Her underwear was half down and blood was also oozing out from her vagina.-The circumstances weree indicative of thefact that firstly the girl was ravished and then murdered.