KAILASH Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal by the sole accused is directed against the Single Bench decision of the High Court of Madhya Pradesh, Indore Bench dated 08.09.2006, passed in Criminal Appeal No.1030 of 2003. The appellant, who was initially charged under Section 306 and 376(2)(f) IPC, was convicted by the trial Court only for the offence under Section 376(1) IPC and was imposed with the punishment of 10 years rigorous imprisonment, along with the fine of Rs.500/- and in default of the payment of fine to undergo one more year's rigorous imprisonment.

(2.) The brief facts which are required to be stated are that on 23.07.2002, PW-2 - the mother of the deceased, when she returned from her day's work in the field at 6 p.m., found her daughter, the deceased Radha Bai, who had returned back from the field at around 3 O'clock, inside the house with the door locked from inside. One Parmanand climbed the roof and found the deceased hanging from the roof with a Saree. The said Parmanand stated to have opened the door, cut the rope and brought the body down. PW-1 reported the matter to Aagar Police Station and thereafter, PW-9 went to the place of incident and prepared the sketch map Ext.P-8 and sent the dead body of the deceased for postmortem. He also stated to have recovered the Saree under seizure letter Ext.P-10.

(3.) The postmortem was conducted by PW-4, Dr. Shashank Saxena on 24.07.2002, at 3.45 p.m and in the postmortem report the doctor noted that the deceased was aged about 15 years, that below the neck there was mark of bluishness and on the ligetcher mark, there were marks of abrasion and on one side of the ligetcher mark, ecmoyosis was present. From the vagina of the body blood was found oozed out, which was frozen and spread over in the midst of the legs on the front side. On inspecting the vagina, it was found that it was reddish, congested and frozen blood was present. Laceration on the wall of the vagina of 1 cm size was also noted. The doctor in his opinion stated that the cause of the death of the deceased was due to stoppage of breathing, which was due to hanging and the injuries which were present on the body of the deceased were antemortem. The doctor stated to have collected blood stained clothes of the deceased, viscera and pubic hairs, as well as the liquid oozed out from the vagina on the role of cotton, sealed and sent the same to the Station House Officer. The postmortem report was marked as Ext.P-3. According to the doctor, the age of the deceased was 15 years based on the age written in the application form. The further opinion of the doctor was that due to hanging, no injuries could have been caused on the private organs.