RAJESH Vs. STATE OF MADHYA PRADESH
SUPREME COURT OF INDIA
STATE OF MADHYA PRADESH
Click here to view full judgement.
(1.) The accused-appellant has been convicted for the offences under Section 302,
376 (2)(f) and 377 of the Indian Penal Code (for short, 'the IPC'). For the offence under
Section 302 IPC, the accused-appellant has
been sentenced to death whereas for the other
offences, he has been sentenced to rigorous
imprisonment for life.
(2.) We have heard the learned counsels for the parties.
(3.) The prosecution case in short is that the victim, a minor girl aged about seven
years, was the daughter of one Param Singh
(PW-6), who is related to the appellant. As
the appellant and his wife were issueless, the
appellant had requested Param Singh (PW-6) to
hand-over the custody of his daughter so that
he could bring her up as his own daughter.
According to the prosecution while there were
no problems with the upbringing of the child
initially, soon, the child was treated with
cruelty and subjected to beating and
harassment which often led to the child
weeping and crying aloud which could be heard
by the neighbours. According to the
prosecution, whenever the neighbours (who were
examined in the case) used to ask the
appellant and his wife the cause for the child
crying, they were given vague and evasive
answers. According to the prosecution on
26.09.2012, one Balram Rathore (PW-2), a neighbour of the accused-appellant, had lodged
a report with the police that about 10.00 p.m.
on that date he had met the appellant carrying
the child in his arms and on being asked what
had happened to the child, he was told by the
appellant that the child has died. On the
basis of the aforesaid report police had
registered a case and after investigation
thereof charge-sheeted the accused and sent
him for trial where he was convicted as
Copyright © Regent Computronics Pvt.Ltd.