(1.) The appellant was charged under Sections 376 and 302 of the Indian Penal Code for committing rape on his own 19 years old niece, namely, Suku (name has been changed to conceal her identity) and committing murder by strangulating her. Learned court below found him guilty of the said charges and convicted him and sentenced to undergo rigorous imprisonment for life under Sec. 302 of the Indian Penal Code and to undergo rigorous imprisonment for seven years under Sec. 376 of the Indian Penal Code. Both the sentences are to run concurrently.
(2.) The prosecution was launched on the basis of the fardbeyan of the mother of the deceased, Manki Devi.
(3.) Prosecution case, in brief, is that the appellant-Kanhai Sao is the husband of the sister of the informant. His wife had gone to her 'mayka' on 30th March, 1997. Kanhai, who is resident of neighbouring area, asked the informant to send her 19 years old daughter Suku for cooking his food. The appellant being a close relative, the informant trusted him and sent her daughter to help the appellant in household works and cook his food. On 30th March, 1997 till evening her daughter did not return. She sent her another daughter, Premlata (P.W.7), to call Suku. Premlata came back and informed that her uncle Kanhai Sao asked Suku to stay in night in order to give helping hand in the morning work. The next morning when Suku did not return till 8.00 a.m., the informant went to the house of the accused-appellant and there she found her daughter lying dead on wooden plank (chowki) inside the house, blood oozing out from her mouth and nose. She also found her clothes disturbed, some stain in her pant and swelling on her neck. She suspected that her daughter was raped and murdered by the accused-appellant.