Farooq Hasan, J. - (1.) Topan Das - convict for life imprisonment for commission of rape and murder of a girl aged 5 years - has preferred this criminal appeal against judgment dated the 20th November, 1991 of the Additional Sessions Judge, Kishangarh Bas (Alwar) whereby he was convicted and sentenced as under:- JUDGEMENT_41_LAWS(RAJ)4_19931.html All the substantive sentences were ordered to run concurrently.
(2.) A written report was lodged by Gurmeet Singh on 1.6.1990 which was registered as F.I.R. No. 73/90 at police station Khairthal, at 10.30 O' clock in the morning. It had been averred in the report (Ex.P. 1) that on the occassion of marriage of his cousin, brother, Tara Singh scheduled to 1.6.1990, some relative guests had come on 31.5.90; out of them one Topan Das of Ludhiana, alongwith three others, had also come to sing songs and they sung songs and played at the drums whole day, and that apart, Topan Das taking his daughter, Rajendra Kaur, in his arms and embracing her, was dancing. During the course of dancing, Topan Das was embracing Rajendra Kaur time and again at intervals and he continued to do so upto 8 O' clock in the night. However, the informant is said to have remaind busy in attending other guests of marriage functions. It had also been alleged in the report that when his wife, started searching his daughter, Rajendra Kaur, she was not found here and there, but, Phamman Singh and Santokh Singh gave out that Rajendra Kaur was then being taken in arms by Topan Das Singer who subsequently disappeared alongwith the girl, from there. Therefore, with the aid of torch-lights, they started to see the traces and went on parallel the traces which came to end, after the boundary of five-seven fields, and when they reached near the field of Gurmeet Singh Butta Singh on the way near to it, blood stains were found on the earth where also the traces of a person sitting there were seen, and thereupon, they further went on parallel the traces ahead and at some distances ahead, an underwear of Rajendra Kaur was seen lying on the earth but the traces were not ending and further traces were seen ahead, going on upto the field of Ishwar Singh through the road. It had also been alleged in the report that whole night, search of Rajendra Kaur was made but she was not found; that in the morning they had some apprehension that the traces of the person would have also gone upto the well and the girl could have been killed and thrown thereafter in the well; that upon such apprehension, Dayal Singh was got descended in the new well, alongwith another person, and in the water, dead body of Rajendra Kaur was seen inside the well and she was taken out of the well as dead having teeth bite scratches of a man on both the cheeks. Then it had been alleged in the report, that Topan had thrown Rajendra Kaur after killing her, into the well. It had also been alleged in the report that the informant had animosity with Balbir Singh and Kripal Singh on account of some squabble took place earlier when they had threatened him of dire consequences, therefore, he apprehended that they had got killed his daughter in collusion with Topan Das. It had also been alleged that since night the informant alongwith others had been searching Rajendra Kaur and after their constant search, when they found dead body of his daughter in the well, then he had come to lodge the report. The ascribe of the report (Ex.P. 1) is stated to be Rajveer Singh.
(3.) After registration of criminal case and chalking out F.I.R. No. 73/90 (Ex.P. 7), the investigation commence. Post mortem examination of Rajendra Kaur (deceased) was conducted vide report (Ex.P. 15). The following injuries were found on the person of the deceased - (1) Abrasion, 3 cm. x 1/2 cm in size on dorsum of left hand just below index finger. (2) Two circular bruises are present on both cheek is 3 cm in diameter and 1/2 cm wide Teeth marks present on left cheek just close to left angle of mouth. (3) Abrasion 1 cm x 1 cm on outer aspect of left knee. (4) Abrasion 3 cm x 2 cm on middle of left half of back. (5) Multiple abrasions, all linear, vertical and each 3 cm in length, parallel to each other. Seven in number on left buttock. In col. 7 External organs of generation, the doctor Stated in the post mortem report as under:- "Dried blood is present over labia majora and lunar aspect of thigh. There is antemortem bruising of both labia majora. Hymen is having lacerations posteriorly on both sides each Laceration is 1.5 cm. x 1 cm. Posterior commisure is lacerated and laceration is 2 cm x 1 cm x 1 cm in size. Left labia minor is having laceration of 1 cm x 0.5 cm x 0.5 cm size, horizontal. In col. 8, Additional Remarks, it has been stated as under:- "Scraping from labia majora and thigs and vaginal swab preserved and forwarded to Chemical examiner. According to the post mortem report (Ex.P. 15), larynx, Trachea and Bronchi, contain fine white froth, and their mucous membranes were congested; both, right and left lungs were edematous, spongy, pit on pressure, pale grey in colour, on cutting exudes frothy blood stained fluid; right chambers of heart were full of blood and left chambers were empty; large veins were enlarged with dark blood; tongue was swollen and present within teeth; mucuous membrane of buccal cavity was congested; pharynx contained little water and mucus membrane was congested; in oesophagus and stomach, mucuous membrane was congested and contained waterly fluid, in small intestines and its contents, mucuous membrane was congested and contained partly digested food material; in large intestines and its contents, mucuous membrane was congested and contained foul smelling gases and faecal material; liver was dark and congested and on section, it exuded dark fluid blood, however, gall bladder was healthy; spleen and kidneys were dark and congested; bladder was empty, mucuous membrane was congested; in organs of generation mucuous membrane of uterus was congested.;