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69. On being questioned as to why she did not raise an alarm at the time of the occurrence, X stated that (Quote) 'I could not raise any alarm because I had sustained injuries on my neck. I had not struggled with the accused to save myself nor I had fought with him. Vol. I had pulled his hairs.'

70. PW-22, deposed that on 18.10.2006 she, i.e. Y, the deceased and her parents were watching television in the room of her parents. At about 10.30 P.M., she, i.e. Y and the deceased went to their bedroom where she and the deceased went to sleep whereas X started studying. After sometime she felt that someone was fondling her body upon which she woke up. She saw that the accused was fondling her body with his hand. She removed the hand of the accused from her body upon which the accused pressed a knife on her neck as a result of which blood started to ooze out of her neck. When she removed his hand she also sustained injuries on her fingers. The accused pushed her from the bed due to which she fell down on the floor upon which she started weeping. On hearing her noise X woke up and switched on the light. X tried to open the door of the room but the accused attacked her with knife. The accused gave two-three knife blows to X. X caught the hair of the accused but fell on the floor. The accused asked her to open her pant. She asked the accused to let her go out as she wanted to drink water upon which the accused told her to drink water from the tap in the bathroom. In the meantime the deceased also woke up and started crying. She went to the bathroom and the deceased started to follow her. The accused caught hold of the deceased from his neck, gave a knife blow on his neck and threw him on the bed. The knife got stuck in the neck of the deceased. The accused ran to the kitchen and brought another knife from there. The accused inflicted several knife blows on her body. The accused also gave knife blows on the neck and back of X. The accused removed the under pant of X as also his clothes. Thereafter the accused committed bad act with X. The accused made X to lie on her bed and again committed bad act with her. (The witness explained the meaning of „bad act‟ by stating that (Quote) 'By bad act I mean that he laid himself on my sister'.) The accused placed his fingers on the nostrils of X to ascertain if she was breathing or not and went out of the room. After a while X asked her to call their mother but she did not go as she was scared. After sometime X herself went to room of their parents by crawling on the floor. She followed X. She narrated the whole incident to her parents. Her father and neighbours removed her, X and the deceased to the hospital. She sustained injuries on her neck and other parts of her body.

71. On being questioned as to why she did not raise an alarm at the time of the occurrence, Y stated that (Quote) 'I did not cry because I have received cut with knife on my neck...I did not raise any alarm since I was injured. I was not having injuries on my leg. I did not run out of the because it was bolted from upside by a chitkani.' On being questioned about the commission of rape by the accused upon X she stated that (Quote) 'Accused kept on lying on my sister for 3-4 minutes. At that time I was on my bed. The difference between the first bad act and second bad act was half a minute. My sister has tried to free her by moving herself on one side but accused gave a knife blow to her. When my sister took a turn on one side accused had given a knife blow to her. My sister had taken a turn much after the accused laid on her....For the second time, the bad act which the accused did with my sister was on my bed. I was sitting on the same bed'. On being questioned about the movement of the accused to the kitchen the witness stated that (Quote) 'The accused left our bedroom at around 12.30 a.m. The door was open when the accused had left the bedroom to the kitchen to bring a knife. Within 5- 10 seconds, accused had returned back to the bedroom with a knife. We did not try to run out of the bedroom because the accused in the meantime had come to the bedroom again.'

73. On being questioned about the time of removal of the children to the hospital, the witness stated that (Quote) 'I heard the screams of my daughters around 12.45 am on 19.10.06. I left for Sunder lal Jain Hospital around 12.50 to 12.55 am on 19.10.06. On the way to hospital I was accompanied by my first floor neighbour Sh. Gurmeet Singh.' On being questioned about the knife which was stuck in the neck of the deceased the witness stated that (Quote) 'I had removed the knife from the neck of my son and the same was left at the spot. That knife remained on the spot when I left for the hospital. I did not find that knife there in my house when I came back at 10.00 am from the hospital'. On being questioned about the presence of the accused after the occurrence, the witness stated that (Quote) 'It is correct that after my daughter came to my bedroom I along with my wife and daughter had gone to the bedroom of my children. It is correct that accused was not found present in the room or in the house.'

78. On being questioned about the room in which the occurrence took place the witness stated that (Quote) 'I had seen the room where the incident took place. I had not seen the knife lying in the room. I had seen the room of the children where the incident took place after I came from the hospital.' On being questioned about the arrival of the police at the place of occurrence the witness stated that (Quote) 'I had taken Pratham (the son of the complainant) to the hospital. We had reached the hospital between 12.00 or 1.00 am. PCR came at the house after we left for hospital. In my presence police did not reach the hospital. I remained in the hospital only for 5 minutes. When I returned back to the house I saw the police officials, present there.'