SHIV SHANKER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE condemned prisoner Shiv Shanker for having committed the hideous crime of murder and rape upon an innocent girl of 10 years has been found guilty in the offences under Sections 302, 376 and 450 of IPC and thus convicted vide judgment dated July 27th 2002 by Additional Sessions Judge No. 2 (Fast Track), Kota and sentenced as under: u/s. 302 IPC: To suffer life imprisonment and a fine of Rs. 200/- in default of payment of fine to undergo further two months rigorous imprisonment. u/s. 376 (2) (f) To suffer rigorous imprisonment for ten years with a fine of Rs. 200/- and in default of payment of fine to suffer further rigorous imprisonment of two months. u/s. 450 IPc To suffer rigorous imprisonment for five years and a fine of Rs. 200/-; in default of payment of fine to further suffer rigorous imprisonment of two months. All the sentences have been ordered to run concurrently. Aggrieved with this judgment and order of sentence the accused- appellant has filed this criminal appeal.

(2.) THE prosecution story succinctly runs as under:- That the complainant PW-5 Devi Shanker is handicapped and the deceased girl (named withheld by us) aged 10 years was his niece. PW-19 Ram Chandra Bai is the mother of the complainant Devi Shanker. Deceased had come to her maternal grand mother's house to ask about the well being of her handicapped maternal uncle Devi Shanker who usually lived at his field. On 19th November, 2001 both PW. 19 Ram Chandra Bai and the deceased took the meals to the field for Devi Shanker. THE complainant Devi Shanker after having taken the meals went to attend `haat' along with PW-20 Ram Lal at Sangod. It is stated that at about 4 pm in the evening one PW-14 Brij Lal S/o. Badri Lal came to Sangod and informed him that his niece had been strangulated to death on the field and her dead body was lying on the spot whereupon, the complainant PW. 5 Devi Shanker along with Brij Lal immediately went to police station and lodged the report Ex. P. 7. THE police registered the FIR Ex. P/11 and commenced investigation.

(3.) PER contra, the learned Public Prosecutor appearing for the State has submitted that the trial Court has critically analyzed the statements of all the prosecution witnesses in detail and explained all the material points tangibly. There does not seem to be any factual or legal infirmity in the judgment and the finding of acquittal arrived at by the learned trial Court is just and proper which calls for no intervention.