Dhirendra Mishra, J. - (1.) THIS criminal appeal under Section 374(2) of the Code of Criminal Procedure is directed against the judgment dated 26th July, 2000 passed in Sessions Trial No. 72/2000 by the Additional Sessions Judge & Special Judge under the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989, Bilaspur whereby learned Additional Sessions Judge after holding the appellant guilty for commission of offence under Sections 363 and 302 of the Indian Penal Code (for short 'the IPC'), sentenced him to undergo RI for three years, to pay a fine of Rs. 500/- and RI for life respectively with usual default clause.
(2.) CASE of the prosecution, in brief, is that on 22-8-1999 appellant went to the house of complainant Rajaram, informed him that his sister and brother-in-law are sick and asked him to send his daughter Samarin Bai for their nursing. On this pretext, he took his 10 years old daughter Samarin Bai and instead of taking her to Rahadih (Rehat) aimlessly wandered with her throughout the day and in the evening took her in the secluded place, forcibly raped her and thereafter, murdered her by throttling near ash dam in Village Lotlota fearing that she may narrate the incident to others. He had also thrown the dead body of Samarin Bai and her wearing apparels. On 28-8-99 complainant Rajaram (P.W. 8) lodged the report (Exh. P-15) in the Police Station, Katghora whereupon the offence under Sections 363 and 366 of the IPC has been registered against the appellant. On 2-10-1999 at about 17.40 hrs memorandum Exh. P-3 of the appellant was recorded on the basis of which, on 2-10-1999 at about 17.45 hrs a lock of long hairs of human head, a torn piece of black colour blouse and sky colour torn piece of frock were taken into possession under Exh. P-5. On the basis of the memorandum on 3-10-1999 at about 11.30 hrs also one blue panty, two torn pieces of frock, similar size green colour Dupatta and small size black colour blouse were seized vide seizure memo Exh. P-4. Plain soil from two different places from the place of incident was taken into possession vide Exh. P-6. One sealed packet containing underwear and slide of the accused obtained from the hospital were taken into possession vide Exh. P-7. Spot Panchnama of Exh. P-9 was prepared in presence of the witnesses. Seized blouse and panty were identified by complainant Rajaram, as the frock and underwear of his daughter Samarin Bai. Accused was sent for medical examination to the Government Hospital, Katghora vide Exh. P-12A where the Assistant Surgeon examined the accused. Report of the doctor is Exh. P-12. Seized wearing apparels and pieces of clothes were also sent to the Assistant Surgeon, Community Health Centre, Katghora under Exh. P-13-A for his opinion and the report of doctor is Exh. P-13. Articles seized from the spot were also sent for examination to Assistant Surgeon, CHC, Katghora under Exh. P- 14-A and report of doctor is Exh. P-14. Merg intimation was given by the Sub Inspector Shri G.R. Diwan vide Exh. P-16. Hair, four pieces of frock, dupatta, underwear, slide, soil and blouse were sent for chemical examination to Forensic Science Laboratory, Sagar from where report Exh. P-20 was received.
(3.) AFTER completing investigation, charge-sheet was filed against the accused/appellant in the Court of Judicial Magistrate First Class, Katghora who in turn committed the case to the Court of Sessions Judge, Bilaspur and the same was received on transfer for trial by learned Additional Sessions Judge & Special Judge, who framed charges under Sections 363, 366, 376 and 302 of the IPC against the appellant. The appellant abjured his guilt. The prosecution in order to establish the charges against the appellant examined 13 witnesses. Statement of appellant was recorded under Section 313 of the Cr.PC in which he denied the circumstances appearing against him in the prosecution case and pleaded innocence and false implication. However, learned Additional Sessions Judge convicted and sentenced the appellant as described above.;