HARICHARAN Vs. STATE OF M P

JUDGEMENT

(1.) THE appellant has preferred this appeal under Section 374 (2) of the Code of Criminal Procedure aggrieved by the judgment of conviction and sentence dated 08th November, 2001 passed by the Additional Sessions Judge, Ganjbasoda, District Vidisha in Sessions Trial No. 139/2000, whereby, the appellant has been found guilty for the offences punishable under Sections 363, 366, 376 (2)(f) and also Section 302 of the Indian Penal Code and sentenced to three years' rigorous imprisonment with fine of Rs. 200/-, five years' rigorous imprisonment with fine of Rs. 200/-, ten years' rigorous imprisonment with fine Rs. 200/- and imprisonment for life with a fine of Rs. 200/- respectively and in default of payment of fine, he has to suffer further one month's rigorous imprisonment on each count. All sentences are directed to run concurrently.

(2.) BRIEFLY stated facts of the case are; on 23/09/1999 one Mathura Prasad - (PW 1) lodged a First Information Report at Police Station Basoda, District Vidisha that on the last night of 22-09-1999 at about 10 PM when he was in the temple situated at village Pachma; at that time one Khanchan Bai and Sandhya came to him and stated that the apellant/accused Haricharan forcibly taken away his minor girl Sita Bai. He immediately rushed to him then on the way his wife Keshar Bai (PW-7) met him and she also stated that the appellant/accused forcibly taken away the minor girl Sita Bai with him. He searched the minor girl Sita Bai and the appellant/accused, but both of them were missing. On 25/09/1999, the dead body of the minor girl Sita Bai was found in a well situated in the village concerned. On the basis of this information, the police registered a case, prepared an inquest report and prepared inquest Panchnama of the dead body of Sita Bai, a minor girl aged about ten years and sent the dead body of the deceased Sita Bai for Post mortem examination. The post Mortem examination has been performed by Dr. D.K. Jain (PW/8) with a penal of three doctors and found the dead body was in decomposed condition, there are injury marks on the abdominal area and on the private part of the dead body, there are also swelling in the vaginal area of the deceased. The death of found to be caused within three to five days. The private part of the deceased had been examined by lady Assistant surgeon Dr. Hansa Shah (PW/9) and she also found that the blood was oozing from the private part of the dead body and labia mejora and labia minora are also found to be bluish in colour, two slides have also been prepared in respect of the vaginal discharge and the hymen was also found to be raptured. The slides after sealing it properly given to the constable for its further chemical examination and proved the report Ex.P/18. During investigation, the statements of witnesses have been recorded, the appellant/accused has been arrested and after due investigation, a charge-sheet has also been filed.

(3.) IT is submitted on behalf of the appellant that no eye witness is available against the appellant, on the basis of which, this can be found proved that the appellant is the person who committed murder of deceased Sita Bai. The prosecution is rest upon only on the circumstantial evidence of last-seen with the deceased and that itself is not a conclusive proof for the guilt of the accused and the learned trial Court has wrongly held the appellant/accused guilty for the alleged offences