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According to PW26 SI Rajbir Singh on receipt of DD no.3A, while he was posted at PS Nabi Karim at about 12.30 am, he alongwith Ct Ramphal reached at RML hospital, where he obtained MLC of Anil Kumar and prosecutrix, who were found admitted there. According to the opinion of doctor, both were unfit for statement. Thereafter, they came back to PS Nabi Karim. Again he received DD no.5A at about 5.02 am in the morning and he alongwith Ct Ram Phal reached RML Hospital , where he came to know that prosecutrix had died.

Accused has denied the case of prosecution and has stated that he is innocent and has been falsely implicated in this case. Prosecutrix used to love him and therefore she had been sending love letters to him. She phoned him on 09/06/2000 and wanted to meet outside at a place as she had informed that she wants to go out of her parental house with him. He told her to inform her parents, but she told that incase her parents come to know about this, they would kill her. Since she was in deep love with him, he took her to outside and remained with her. However, he never misused her nor committed any rape upon her. On 22/07/2000, when he and prosecutrix were present in a room in a hotel at Paharganj, prosecutrix wanted to have the glass of juice for which she ordered for him and for herself. Thereafter, he had gone to toilet and when he came back he found two glasses of juice on the table, while one glass was being consumed by prosecutrix and when he reached back from the toilet, he also took the juice and immediately thereafter prosecutrix and he started vomiting and loose motions. Prosecutrix also felt giddiness and he also felt giddiness and felt that he was not feeling well therefore, he called for the Manager from the hotel, who came over there and took them in the van. At that time, when prosecutrix was being shifted she was unconscious and after being shifted in the van, he also became unconscious and thereafter got senses in the hospital. He does not know who had mixed what substance in the juice. He came to know that prosecutrix had died and later on, on the false report lodged by the father and grandfather of Prosecutrix, he was falsely implicated, in this case. He had never kidnapped prosecutrix rather she had asked him to accompany her of her own. Prosecutrix had left her parental house of her own and she told him that she was major, at the time when she left the house. There was no compulsion from his side nor he impressed upon her to marry him. He never caused any disreputation to her or made any misrepresentation nor made any fraud nor ever induced her. He never instigated her for committing suicide. On the other hand, she was scared of her parents and had many times told him that in case she is caught or goes back to her parents house, she will be killed, which she never wanted.

It has been opined that no definite opinion regarding cause of death can be given at this stage as viscera has been preserved and sealed for chemical analysis to detect the presence of any common poison.

Time since death is given as 7.00 hours. Postmortem was conducted on 23/07/2012 at about 11.30 am and prosecutrix had died at about 4.30 am, which corroborates with each other.

It has already been discussed that PW12 Ashok Kumar and PW13 Hukum Singh cannot be relied upon regarding the alleged dying declaration made by prosecutrix to them about the alleged facts of the incident. The plea of accused is that juice was asked in the hotel room by the prosecutrix. He had gone to toilet and when he came back, he found that the prosecutrix was drinking the juice. He also consumed the same and they both started vomiting. It is also on record that accused Anil Bhardwaj was also admitted in RML hospital with the prosecutrix as both were removed by Manager Govind of of hotel Lal Haveli.

There is no evidence brought on record to the extent that accused Anil abetted the prosecutrix to consume the poison except the alleged dying declaration made by prosecutrix to PW12 Ashok Kumar and PW13 Hukum Singh, which has been disbelieved by the Court, whereas PW15 Dr. Manish Kumar had examined the prosecutrix at about 12.30 am night in RML hospital and at that time, she was in semi conscious state and she told him that she had taken one tablet of some poison followed by restlessness and nausia (feeling of vomiting). Had there been any abetment on the part accused Anil Bhardwaj for consumption of poison by the prosecutrix, then certainly she would have disclosed the same to the doctor at that time. The deposition of PW15 Dr. Manish Kumar shows that prosecutrix had taken one tablet of some poison at her own, which is corroborated with other facts brought on record that they both were in love and wanted to end their lives together.