prosecutrix described the entire incident, through multiple
choice questions and her gestures, as also the role of each
of the accused person. Prosecutrix even wrote ... also dying declarations
Ex.PW27/A and Ex.PW30/D-1 of the prosecutrix
State vs. Ram Singh and another
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
life. The
prosecutrix was subjected to sexual inter-course, she opined.
4. On 16.1.2004, at about 3 AM, the prosecutrix died in the hospital ... Mohan Gupta
who conducted the post-mortem examination opined that the prosecutrix died
due to septicaemia which was sufficient to cause death in the ordinary
other hand contends that the multiple injuries on
the prosecutrix show that there was no consent. The alleged incident took
place on 31st ... prosecution based on the complaint of PW1, the prosecutrix is that the
husband of the prosecutrix died in 1983 and she had two children
prosecutrix,
was residing in the house of prosecutrix and used to sleep in
the servant quarter / room. He deposed that prosecutrix and
accused used ... Holy Quran and promised to marry the
prosecutrix. Thereafter, the father of the prosecutrix died and
he went to Pilibhit
Likewise, PW2 Kashmir Kaur, mother of prosecutrix, has
inter-alia, stated that the prosecutrix was 13 years of age at the time of
commission ... further
reiterated that she had four children, one daughter had died and the
prosecutrix is youngest amongst her three living children. Thus,
calculated, in this
school
where the prosecutrix was studying, PW-12/father of the deceased
prosecutrix, PW-13/grandfather of the deceased prosecutrix ... proved
against the respondent.
12. Coming to the alleged dying declaration of the prosecutrix,
referred to by the learned ASC, a perusal of the impugned
accused person, who is brother-in-law of the prosecutrix
whose husband had died, had after executing a threat of killing ... accused took disadvantage of absence of
husband of the prosecutrix who had died and since there was a
persistent threat of life
victim child /
prosecutrix on the day of the incident, however, these improvements and inconsistencies
apart, the testimony of victim child / prosecutrix, with relation ... victim child / prosecutrix made her so vulnerable. Firstly it brought
out from record that the father of victim child / prosecutrix had died about a year
except that she does not want to live and wants
to die. The prosecutrix continued to be in a depressed state and
used to weep ... there was not resistance from
the side of the prosecutrix.
19. The testimony of the prosecutrix, besides being
untrustworthy and not inspiring any confidence, also
