SHIV PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SHIV Prasad present appellant alongwith Kanhaiya (P.W.11), Dinesh (P.W.3), Manoj Kumar (P.W.4) were working as Labourers at M.B.K. Brick Kiln owned by Jagdish (P.W.2). All the labourers were engaged through Lahuri (P.W.13) who was a labour contractor. On 14.1.2006 at about 7:00 -8:00 PM appellant offered sweets to seven years old daughter of Kanhaiya (P.W.11) (name has been withheld to protect identity and hereafter called 'victim') took her towards a deserted place, thereafter committed rape with victim and caused her death.

(2.) KANHAIYA (P.W.11) presented written report (Ex.P.1) before Sawai Singh (P.W.14) who was then posted as SHO, Police Station Kanota. On the basis of written report (Ex.P.1), a formal FIR (Ex.P.8) bearing No. 29/06 was registered at Police Station Kanota for offence under Sections 302, 376 IPC. The appellant was tried by the court of Additional Sessions Judge (Fast Track) No. 1, Jaipur District, Jaipur. The said court vide impugned judgment dated 20.5.2006 held the appellant guilty of offence under Sections 302 and 376 IPC. The trial court vide a separate order of even date sentenced the appellant as under: -

(3.) KANHAIYA (P.W.11) in written report (Ex.P.1) stated that he is a resident of Uttar Pradesh (U.P.) and was working as labourer at M.B.K. Brick Kiln. He was residing in a hut at the site of brick kiln alongwith his family. In adjoining huts, other labourers were also staying. On 14.1.2006 at about 7:00 -8:00 PM his daughter aged seven years was not found in the hut. Search was carried out for the daughter in nearby huts. Then one young child disclosed that Shiv Prasad, the present appellant, has taken the victim in the evening after offering sweets to her. Kanhaiya (P.W.11) accompanied by Lahuri (P.W.13) reached near a farm adjoining to the brick kiln. They saw that victim was naked and appellant was lying over her. Seeing them, the appellant ran away from the spot. Complainant went near the victim and found that child was unconscious and she was oozing blood from her vagina. They brought the child to the hut. They thought that child was alive. They applied heat pad and massaged the child. But the child died due to rape committed by the accused. It was night time. He further stated that since they belong to another State, in the night they could not go to the police station. In the morning, owner of the brick kiln came. They informed him the entire incident and then went to lodge the report alongwith Jugal Kishore Meena (P.W.1), a relation of the brick kiln owner. Request was made to police to take action against the accused.