TOPAN DAS DAKOT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Topan Das - convict for life imprisonment for commission of rape and murder of a girl aged 5 years - has preferred this criminal appeal against judgment dated the 20th Nov., 1991 of the Additional Sessions Judge, Kishangarh Bas (Alwar) whereby he was convicted and sentenced as under:- <FRM>JUDGEMENT_41_LAWS(RAJ)4_19931.html</FRM> All the substantive sentences were ordered to run concurrently.

(2.) A written report was lodged by Gurmeet Singh on 1.6.1990 which was registered as F.I.R. No. 73/90 at police station Khairthal, at 10.30 O' clock in the morning. It had been averred in the report (Ex.P. 1) that on the occassion of marriage of his cousin, brother, Tara Singh scheduled to 1.6.1990, some relative guests had come on 31.5.90; out of them one Topan Das of Ludhiana, alongwith three others, had also come to sing songs and they sung songs and played at the drums whole day, and that apart, Topan Das taking his daughter, Rajendra Kaur, in his arms and embracing her, was dancing. During the course of dancing, Topan Das was embracing Rajendra Kaur time and again at intervals and he continued to do so upto 8 O' clock in the night. However, the informant is said to have remaind busy in attending other guests of marriage functions. It had also been alleged in the report that when his wife, started searching his daughter, Rajendra Kaur, she was not found here and there, but, Phamman Singh and Santokh Singh gave out that Rajendra Kaur was then being taken in arms by Topan Das Singer who subsequently disappeared alongwith the girl, from there. Therefore, with the aid of torch-lights, they started to see the traces and went on parallel the traces which came to end, after the boundary of five-seven fields, and when they reached near the field of Gurmeet Singh Butta Singh on the way near to it, blood stains were found on the earth where also the traces of a person sitting there were seen, and thereupon, they further went on parallel the traces ahead and at some distances ahead, an underwear of Rajendra Kaur was seen lying on the earth but the traces were not ending and further traces were seen ahead, going on upto the field of Ishwar Singh through the road. It had also been alleged in the report that whole night, search of Rajendra Kaur was made but she was not found; that in the morning they had some apprehension that the traces of the person would have also gone upto the well and the girl could have been killed and thrown thereafter in the well; that upon such apprehension, Dayal Singh was got descended in the new well, alongwith another person, and in the water, dead body of Rajendra Kaur was seen inside the well and she was taken out of the well as dead having teeth bite scratches of a man on both the cheeks. Then it had been alleged in the report, that Topan had thrown Rajendra Kaur after killing her, into the well. It had also been alleged in the report that the informant had animosity with Balbir Singh and Kripal Singh on account of some squabble took place earlier when they had threatened him of dire consequences, therefore, he apprehended that they had got killed his daughter in collusion with Topan Das. It had also been alleged that since night the informant alongwith others had been searching Rajendra Kaur and after their constant search, when they found dead body of his daughter in the well, then he had come to lodge the report. The ascribe of the report (Ex.P. 1) is stated to be Rajveer Singh.

(3.) After registration of criminal case and chalking out F.I.R. No. 73/90 (Ex.P. 7), the investigation commence. Post mortem examination of Rajendra Kaur (deceased) was conducted vide report (Ex.P. 15). The following injuries were found on the person of the deceased -