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found that the deceased-prosecutrix died due to
bronchopneumonia and cerebral hypoxia owing to
smothering. The various samples were sent to the
Forensic ... prosecutrix.
11. After considering the evidence of various
doctors, it would be apparent that forceful rape was
committed with the deceased-prosecutrix and she 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
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found that the deceased-prosecutrix died due to
bronchopneumonia and cerebral hypoxia owing to
smothering. The various samples were sent to the
Forensic ... prosecutrix.
11. After considering the evidence of various
doctors, it would be apparent that forceful rape was
committed with the deceased-prosecutrix and she died
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found that the deceased-prosecutrix died due to
bronchopneumonia and cerebral hypoxia owing to
smothering. The various samples were sent to the
Forensic ... prosecutrix.
11. After considering the evidence of various
doctors, it would be apparent that forceful rape was
committed with the deceased-prosecutrix and she died
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
consistent throughout, that rape had been committed upon her.
However, her father died during the trial and it may be because ... dragged the examination of the prosecutrix and finally succeeded in
their nefarious objective when the father of the prosecutrix died and the
prosecutrix resiled
mouth of the prosecutrix, so
that she would not cry but, in doing so he suffocated the
prosecutrix and she died of asphyxia. Under such ... intentionally but, while
he stopped the prosecutrix from crying or shouting,
suffocation was caused and the deceased prosecutrix died.
However, rape with a girl
appellant did not have any opportunity to cross examine the prosecutrix, who had died, therefore, her statement can not be read in evidence ... 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
corroborates the
version of the complainant PW-1 and the dying declarations of the
prosecutrix, but this aspect too needs examination and it is proposed ... appropriately be termed as the first dying
declaration of the prosecutrix recorded by the medical practitioner
who attended upon her in the first instance
consistent throughout, that rape had been committed upon her.
However, her father died during the trial and it may be because ... dragged the examination of the prosecutrix and finally succeeded in
their nefarious objective when the father of the prosecutrix died and the
prosecutrix resiled
