Document Fragment View

Matching Fragments

05. During investigation, confessional statement (memorandum) of accused Prakash Kahra was recorded vide Ex.P/25 wherein he stated that he was in love with the deceased and had written her letter for meeting him on 24th and that she was also having relations with others, therefore, he had a dispute with her over this issue. He states that on the said date, at around 6 pm the deceased came to the office, she had consumed liquor, he introduced her with accused Raghvendra and Raghvendra committed sexual intercourse with her against her will and thereafter, he (Prakash Kahra) also had sexual intercourse with her by using condom. He states that he made her drink I.B. liquor in which he had already mixed borate (Suhaga) with intent to kill her. When the deceased fell unconscious, doctor Jeevanlal and accused Ramdhan were called. She had died and therefore, her dead body was brought out by Ramdhan and himself and then in the motorcycle of Raghvendra, he along with Ramdhan took the dead body and threw it near FCI godown at about 9 pm. The cycle of the deceased was thrown a bit away from the dead body by him. The keys of the office and the remaining borate have been hidden in his house and the condom has been hidden behind the door of the store room. He states that borate mixed IB liquor bottle was thrown out of the window of the office.

06. About 160 ft. away from the place of occurrence, bicycle of the deceased was seized vide Ex.P/12. Vide Ex.P/13 on being produced by accused Prakash Kahra, one railway ticket of Akaltara to Korba dated 25.9.2011, one Nokia mobile bearing two SIMs No.8435263102 (Idea) and 9907913613 (Smart Reliance GSM Service) were seized. Likewise, on being produced by accused Prakash Kahra from his house, borate like powder wrapped in a piece of newspaper, three keys, brown cargo fullpant and one half shirt were seized. As per Ex.P/15 on being produced by accused Prakash Kahra, his underwear bearing semen like stains was seized. As per Ex.P/16, one white coloured used condom was seized from the store room of Office Assistant, District Labour Office on being produced by accused Prakash Kahra. Similarly, on being produced by accused Prakash Kahra, one Imperial Blue liquor bottle of 180 ml containing 20 ml liquor and white powder and one empty liquor bottle of 180 ml in which High Esteem Special Malt Whisky is written, which were lying outside the window of the Clerk Room of accused Raghvendra Bhardwaj, were seized vide Ex.P/18. On being produced by accused Prakash Kahra, one blue-black coloured lady's cycle Hero Citi Bike was seized vide Ex.P/19 from the room of watchman at Shankar Vihar Colony, Janjgir.

07. On being produced by accused Raghvendra Singh Bhardwaj, his underwear bearing semen like stains and one Samsung mobile bearing SIM No.9770407400 were seized vide E.P/20 and one motorcycle bearing No.CG-11-ZE-1988, K-Bajaj-Caliber, its RC book and insurance policy were seized vide Ex.P/21.

08. As per FSL report (Ex.P/58) human sperm was found on Articles A, B, G1, J & K i.e. underwear of accused Raghvendra, Condom seized from accused Tingu @ Prakash Kahra, panty of deceased & vaginal swabs of the deceased respectively. However, the semens found on Articles A, B & G1 were not sufficient for serological examination.

In his statement Ex.P/25 accused Prakash disclosed that he had mixed borate in the liquor and remaining part of borate and keys of the office were kept in his house. Thereafter, borate and keys were seized on his discovery statement as per Ex.P/14. As per Ex.P/15 & P/16 underwear of accused Prakash and condom used by accused Prakash were seized. It was not possible for the IO to find out these articles i.e. underwear which was kept in the house of accused Prakash and used condom which was hidden in the store room of Labour Office unless disclosed by accused Prakash as it was not easily accessible by any other person. Therefore, non-seizure of the said articles on 25th September, 2011 by the police is not fatal for the prosecution.