Allegedly, the husband of the prosecutrix died 8 months ago.
During his life time, applicant Sujeet Kumar Patel used to visit her
house
since
22.11.2015.
Submission of learned counsel for the applicant is that the prosecutrix,
who is the wife of brother of the applicant, had earlier filed ... regarding property, therefore, the prosecutrix lodged the
complaint against the present applicant. It was also submitted that the
prosecutrix died on 23.6.2013 and in support
girl died after about six days. The parents in this
case were unaware about the love affair and then in the dying
declaration ... declaration Exhibit-19, there is no
other evidence.
12. As aforesaid, prosecutrix died after about 6 days of treatment.
The postmortem report does not suggest
fact that the first dying declaration of deceased was duly recorded yet the second dying declaration of the prosecutrix was got recorded ... declaration of the prosecutrix/deceased recorded on 8.4.2020 (at page 53 of the paper book) he submits that prosecutrix in her dying declaration has resiled
1008/2019 Page 4 of 13
prosecutrix had died.
7. He also contended that the age of the prosecutrix (PW-2) had not been
proved ... further contended that since the mother of the prosecutrix had
died, she could not be examined and the said fact had been stated
before they had recorded the dying declaration. Both the
dying declarations are consistent with each other. As the prosecutrix
was ravished, she could not bear ... have the
examination of the prosecutrix from that angle, has not been
clarified by them. As aforesaid, prosecutrix died after about 10 days
of treatment
prosecutrix and also
threatened with dire consequences stating that he would kill the
prosecutrix if she reveals the same to anyone. Hence, the prosecutrix
lodged ... investigation
and framing of charges, before the commencement of trial, the
prosecutrix died and therefore, the prosecutrix was not examined before
the trial Court
prosecutrix went downstairs to sleep. According to the father of the
prosecutrix, the Principal of the school of the prosecutrix had called him and
stated ... prosecutrix and get her admitted
somewhere else. When the father of the prosecutrix asked his daughter in the
CAT Ambulance, the prosecutrix stated that
allegation in the F.I.R. the husband of the prosecutrix died in the year 2019. The accused-applicant and co-accused Ritish, who were
From the perusal of the record, it is clear that
the prosecutrix has died on 19.02.2019. There is no
medical examination of the victim available ... conviction solely on the testimony of
the prosecutrix. In the instant case, the prosecutrix
had died after the examination-in-chief and no
cross examination