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Head Note

Indian Penal Code,1860  - Section 302 , Section 376 , Section 511

Rape and Murder - In our considered opinion, only a singular view is possible that the accused had made an attempt to commit rape and he was witnessed while he was strangulating the child with a shirt - The result was that a nine year old child breathed her last - The reasoning ascribed by the learned trial Judge that she did not die because of any injury makes the decision more perverse rather than reasonable - That apart, nothing has been brought on record to show that there was any kind of enmity between the family of the deceased and that of the accused appellant - There is no reason why the father and the other witnesses would implicate the accused appellant in the crime and would spare the real culprit. Quite apart from the above, he was apprehended on the spot - The accused had taken the plea that the deceased had died as she had drowned in the water - The medical report runs absolutely contrary inasmuch there was no water in her stomach or in any internal part of the body - There was no motive on the part of any of the witnesses to falsely involve the accused in the crime - In view of our aforesaid analysis, we entirely agree with the view expressed by the High Court.

Topic(s)-

Important Decision(s)- 

• No reason why the father and the other witnesses would implicate the accused appellant in the crime and would spare the real culprit.
• There was no motive on the part of any of the witnesses to falsely involve the accused.