Darga Ram @ Gunga Vs. State of Rajasthan
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Head Note
Indian Penal Code,1860 - Section 376 , Section 302
Rape - Murder - Circumstantial Evidence - Appreciation of evidence - Prosecution has clearly established that a "Jaagran" was arranged by the complainant on the offside of village near the well in which nearly 50 people participated including the deceased child - The deceased had gone out to sleep after dinner around midnight - The appellant was also participating in the "Jaagran" and was seen sitting along with some of the prosecution witnesses - Deceased was found missing in the morning but upon search her dead body was noticed at some distance in the village in a naked condition with injuries on her private parts and her head smashed with a stone lying nearby - The appellant made a disclosure statement leading to the recovery of his blood stained clothes - The blood was found to be of human origin and belonging to group 'A" which also was the blood group of the deceased - The appellant on medical examination was found to have several injuries on his body including injury on his penis - The injuries found on the person of the appellant were said to be 3 to 5 days old - The appellant did not offer any explanation for the injuries on his body - The above circumstances form a complete chain and lead to an irresistible conclusion that the appellant was responsible for the offence of rape and murder - The trial Court correctly guilty of murder.
Topic(s)-Rape , Murder - Circumstantial Evidence - Conviction upheld