- (1.)THIS criminal appeal under Section 374 of the Code of Criminal procedure has been filed against the judgment and order dated 11 April 2007, in Sessions Case No. 16/2006 passed by the learned Additional Sessions Judge, Neem-ka-Thana District Sikar whereby the accused appellant has been convicted as under: JUDGEMENT_330_CRIMES2_2009Html1.htm
(2.)BRIEFLY stated the facts for the disposal of present appeal are that PW1 Rajendra singh, the complainant, submitted a written report Ex. P1 in the BDM Hospital, kotputli before PW 17 Kanhaya Lal, SHO police Station Patan on 14. 4. 2006, therein that in the evening at around 5. 00 p. m. , his bhabhi (sister-in-law) Smt. Sudesh Kanwar wife of Surendra Singh and his wife Rajbala were at house. At that time, Vikram Singh @ Vikki, accused who is son of his maternal aunt Smt. Anop Kanwar came at the house and committed rape with his bhabhi. It is also alleged that his bhabhi tried to make hue and cry but the accused put his hand on her mouth. It is also alleged that due to rape committed with his bhabhi, she committed suicide and set herself on fire. Soon thereafter his mother Achraj Kanwar, aunt prakash Kanwar and uncle Ranjeet Singh took her to the hospital, Kotputli and got her admitted. It is also alleged that in relation to the rape committed with her, the deceased disclosed all facts to them. On the above written report in the police station fir No. 54/2006 was registered under Sections 376, 452 and 306 IPC and investigation commenced and accused was arrested vide arrest memo Ex. PI4 Medical examination report of smt. Sudesh Kanwar dated 14. 4. 2006 is Ex. P16. She died on 17. 4. 2006, therefore, autopsy was done on her dead body. Post-mortem report is Ex. P33. From the spot, the match box and other articles were seized and sealed. The clothes of the deceased were also seized and sealed which were worn by her at the time of incident and memos thereof Ex. P6, P7, P8, P9 and P10 were prepared. Since it was a burn case and condition of deceased after she was admitted in the hospital was deteriorating, therefore, at the request made vide Ex. P5l by the SHO, Police Station Patan on 14. 4. 2006. PW18 Pramod Bansal, the then Civil Judge (JD) and Judicial Magistrate, Kotputli reached in the hospital and recorded the statement of the deceased after obtaining certificate in relation to the condition of the deceased as to whether she was in a fit condition to make statement. Dr. S. N. Yadav certified about the condition of the deceased to the effect that the deceased was in sense to make her statement. Certification made by the doctor was signed and thereafter statement of the deceased was recorded which contains the signature of Pramod bansal, the Magistrate. The visra was taken and clothes which the deceased was wearing at the time of incident were seized and sealed and sent to FSL for examination. FSL report is Ex. P36 wherein on examination semen was found on the chaddi of the accused and also on clothes of the deceased which was worn by the accused and the deceased at the time of alleged incident. After completion of investigation, charge-sheet was filed in the court. Ultimately, the matter came for trial before the Additional District and Sessions Judge, Neem-ka-Thana district Sikar who framed charge against the accused under Section 376,452 and 306 ipc on 5. 9. 2006 to which the accused denied and claimed trial. In order to prove its case, the prosecution has examined as many as 19 witnesses. After close of the prosecution evidence in the statement recorded under Section 313 Criminal Procedure Code, there has been simple denial of the accused of all the allegations and stated that he has falsely been implicated in the case. No evidence in defence was produced. The learned trial court after hearing final submissions convicted and sentenced the accused as indicated here-in-above.
(3.)I have heard Mr. Praveen Balwada, learned counsel for the appellant and Mr. S. C. Purohit, learned public prosecutor for the State and have carefully perused the impugned judgment and the statement of the deceased recorded by the Magistrate and also other material available on record.