DEVSHANKER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Dev Shanker has filed this appeal against the judgment of the learned Sessions Judge, Udaipur, dated April 29, 1972, whereby the appellant has been convicted for offences under sections 302 and 376 I.P.C. The appellant has been sentenced to imprisonment for life under the first count whereas for the another count also the learned Sessions Judge passed sentence of life imprisonment.

(2.) At the time of the incident i.e. on Feb. 5, 1970. the appellant was a lad of 12 years. Kumari Savita on whom the rape is alleged to have been committed was a girl of 6 years. Both Dev Shanker and Kumari Savita were the neighbours and they used to play in the village. On the fateful day i.e. on Feb. 5, 1970, the prosecution case is that Kumari Savita was taken away by Dev Shanker to Badio-ki-dungri, perhaps on a pretext of giving her the sugar cane to eat. Both, Kumari Savita and Dev Shanker were last seen at Badio-ki-dungri eating sugar cane. Next morning when Kumari Savita did not return her home a search was made and it was found that Kumari Savita was lying dead in a pit at the Badio-ka-dungri. The dead body of Kumari Savita was subjected to post mortem examination and Dr. K.M. Jain (P. W. 14) found that she had sustained as many as 23 injuries on her person and her hymen was found ruptured and its margins were noticed as red and covered with blood. From this examination the doctor came to the conclusion that rape was committed on Kumari Savita and thereafter injuries were inflicted on her person with blunt weapon. In the opinion of the doctor, injuries Nos. 1 to 19 and 22 and 23, as mentioned in the post mortem report were, simple while injuries Nos. 20 and 21 were grievous. In his opinion these two injuries were sufficient in the ordinary course of nature to cause death.

(3.) A report was lodged at the Police Station and during the course of investigation it was discovered that Dev Shankar had taken Kumari Savita from her house and they were seen eating sugar cane at Badio-ki-dungri. Dev Shanker was arrested and it is said that at his instance his knicker was recovered which was ultimately found to be blood stained on the back side stitches and the serologist was of the opinion that it was stained with human blood.