CHANDRA PRAKASH @ PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Believing the testimony of Choti Devi PW-1 and Tohfa PW-7, that the prosecutrix made dying declarations to them of the appellant Chandra Prakash having raped her on 03/11/1999 and holding that Ex.P-5, Ex.P-6, Ex.P-7, Ex.P-8 and Ex.P-10 were written by the prosecutrix and were her dying declarations, vide impugned judgment dated 27/03/2002, the appellant has been convicted for the offences punishable under Sections 376 and 306 IPC. For the former offence the appellant has been sentenced to undergo RI for a period of seven years and pay fine in sum of Rs. 1000.00, in default to under RI for three months. For the later offence, same sentence has been imposed. Both sentences have been directed to run concurrently.

(2.) That the prosecutrix died at 2.45 p.m. on 04/11/1999 at SMS Hospital, Jaipur and that the cause of death was her consuming aluminium phosphate, evidenced by the FSL report of viscera, Ex.P-32 was not disputed by learned counsel for the appellant while arguing the appeal.

(3.) It is apparent that in the appeal, the attempt was to discredit the testimony of PW-1 and PW-7. As also to question the FSL report dated 31/05/2000, Ex.P-47 and FSL report dated 26/02/2002, Ex.C-1.