prosecutrix, went out and saw that froth was coming out of the
mouth of the prosecutrix. On being asked, the prosecutrix told her that ... prosecutrix as to what happened and they told him that the
prosecutrix consumed poison and thereafter, she was taken to hospital. The prosecutrix died
doctor, obtained the fitness certificate of the prosecutrix, met the
prosecutrix and then recorded her next dying declaration and made
verification of the veracity ... from the prosecutrix.
52. As per the prosecution story the prosecutrix allegedly made
three statements/ dying declarations out of which the first two were
recorded
Sisodiya, vide inquest Exhibit
P/3, found that the prosecutrix died because of the burn
injuries. Her dead body was sent for post-mortem
examination ... dead body and vide Exhibit-P/7
opined that the prosecutrix died because of cardio-respiratory
arrest as a result of burn injuries, and their
treatment
of prosecutrix. Allegation against applicant is that he
assaulted prosecutrix and thereafter committed forcible sexual
intercourse with her. Clothes of prosecutrix were seized only ... found on the person of prosecutrix. However, he does
not dispute submission of learned counsel for petitioner that
prosecutrix died due to Covid-19 infection
with the father of the prosecutrix. There, he obtained MLC of the
prosecutrix. On the pointing out of the prosecutrix, spot was inspected ... prosecutrix and got sent the exhibits to FSL,
Malviya Nagar. Before filing of the charge-sheet, the prosecutrix died. Proceedings
deposed and proved the postmortem
report and deposed that the prosecutrix died of asphyxia as a result
of strangulation and her death was homicidal ... appellant was found in the vagina swab of the
prosecutrix and that she died of asphyxia caused by strangulation, we
affirm the findings of fact
facts are as
follows:
The prosecutrix is the daughter of the appellant. The
mother of the prosecutrix had died about 3 years back prior ... prosecutrix was about 12 years at the time
of incidence. The mother of the prosecutrix had died and,
therefore, to look after her well being
However, her father died during the trial and it may be
because of his death that both the prosecutrix and her mother had
resiled ... dragged the examination of
the prosecutrix and finally succeeded in their nefarious objective
when the father of the prosecutrix died and the prosecutrix resiled
well as of defence. Shri Prabhu
Dass, father of the prosecutrix died on 10.11.1995 during trial before
his statement could be recorded. Som Wati, Lady ... refused to keep her she
would die. It was on the insistence of the prosecutrix that he along
with another appellant and prosecutrix went
finally found in para 17 that
the age of the prosecutrix (PW/1) was below 18 years.
13. But, learned trial Court failed ... Kheddu Baiga (PW/4) brought up the
prosecutrix as mother of the prosecutrix died during her childhood and as her
father Khailan Baiga is also
