contended that in this case the
prosecutrix died during commission of rape due to asphyxia as per
postmortem report. The said asphyxia would come within ... point of murder of the prosecutrix, nothing has been
brought in the evidence that under what circumstance she died. In the
postmortem report (Exhibit
first dying declaration (Ext.PW49/A) and
therefore, the second and third dying declarations are
tutored; (ii) the three dying declarations cannot be
relied ... three
dying declarations are true, voluntary and consistent.
Insofar as third dying declaration, this Court, in paras
(408) to (412) held that the dying declaration
witnesses, threatening the prosecutrix by the appellant after being enlarged on bail somuch so that the daughter of the applicant/ prosecutrix died under suspicious circumstances
prosecutrix along with other ladies
went to attend the same. At 11 pm, Harinarayan brother of the prosecutrix
informed him that the prosecutrix is missing ... prosecutrix coming out from the house of Radheshyam Bairagi and she
went to her house. On the next day, the prosecutrix died due to burn
Court.
Elaborating the facts first as they appear from the record, the
prosecutrix was 14 years old. She got a FIR lodged in February ... reported the same night on 21.02.2015. Few months later the prosecutrix
died an unnatural death in her own house. An FIR was lodged
knowledge that the applicant and the prosecutrix
had married, but soon after the death of the prosecutrix, a case which
was filed agaisnt the applicant ... account the statements of the neighbours of the
prosecutrix, who have stated that the prosecutrix died on account of
complications arising out of pregnancy, without
impugned judgment.
Learned counsel for the applicant submits that prosecutrix died before
C
recording of her statement during the trial and there was no other
after a delay
and the FSL report is negative and the prosecutrix had died a natural death
in March 2018. Counsel further submits that ... lodged on 31.8.2013. The FSL report is negative. Meanwhile, the
prosecutrix died a natural death. The private witnesses have been examined.
Without commenting anything
husband of
the prosecutrix. On the basis of FIR (Ex. P-1) lodged by the
prosecutrix, offences under Sections 354 and 456 IPC were
registered ... record it appears that during the
pendency of trial the prosecutrix died.
3. On being satisfied with the averments of the parties and
evidence
matter with an
allegation that all the accused used to pressurise the prosecutrix directly
or indirectly to withdraw the case filed ... life of the prosecutrix, they should
be punished. It is further written that due to them, the prosecutrix was
dying of shame. The name
