STATE OF RAJASTHAN Vs. SUBHASH CHAND

JUDGEMENT

(1.) -Instant matters have been assigned to me by the Honourable the Acting Chief Justice under Sec. 392 of the Code of Criminal Procedure. I have bestowed my anxious and thoughtful consideration to the contentions advanced before me by the learned counsel for the accused and Public Prosecutor for the State and carefully scanned the record.

(2.) Admittedly there is no eye witness of the occurrence and the case rests on circumstantial evidence. Incident relates to Kumar Sona, a give five years of age, whose dead body was found on March 19, 1991 in Mohalla Baseri of village Kotputali. She was missing since evening of March 18, 1991. Bishan Dayal, father of the deceased girl instituted FIR with the Police Station Kotwali Kotputali and a criminal case under Sec. 302 and 376 of the Indian Penal Code was registered against an unknown person. Medical Board conducted post mortem of dead body of the girl and opined that probable cause of death was shock produced due to vaginal trauma and rupture of post fornix alongwith asphyxia due to ligature around the neck. Injuries were ante mortem in nature. Vaginal injuries were indicative of rape. Time since death was 6 to 24 hrs. approximately.

(3.) Investigation commenced and the accused appellant (for short the accused) was arrested on April 3, 1991. Medical Board examined the accused on April 4, 1991 and in the opinion of the Board there was nothing to suggest that the accused could not have performed the sexual intercourse. After completion of investigation, charge sheet was field and the accused was tried for the offences under Sections 302 and 376 IPC. The prosecution examined as many as 21 witnesses. Statement of the accused under Sec. 313 Crimial P.C. was recorded and the trial court awarded death sentence to the accused.