RAMESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE alleged rape and murder of a five years old girl, the conviction for offences under sections 366, 376 and 302 of Indian Penal Code ('ipc', for short) has brought the appellant before this Court.

(2.) ACCORDING to the prosecution, on 23-2-2001, one Gopal (P. W. 1) lodged a written report (Ex. P. 1) before the Police Station, ramganj Mandi, Kota wherein he claimed that

(3.) MR. S. P. Poshwal, the learned Amicus curiae, has vehemently argued that the case is based on circumstantial evidence. However, the chain of circumstances are incomplete. Therefore, the conviction is unsustainable. Secondly, that although the offence of rape has been alleged, but there is no evidence on record to prove the commission of the alleged crime. Despite the fact that the underwear of the deceased child was sent to FSL, despite the fact that three slides were also sent to the FSL, there is no FSL Report proving the existence of the sperms of the accused person. Therefore, the corroborative evidence is singularly missing. Moreover, the physical examination of the accused does not point to his having committed the alleged rape with the child. Thirdly, but for the evidence of the last scene evidence, which is weak in its very nature, there is no other evidence to prove the involvement of the appellant in the alleged crime.