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
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
merits of the case, it is pertinent to mention that
prosecutrix and her mother, the complainant were respectively examined in chief
in the trial court ... executing agency viz. SHO police sation,
Pacca Danga, Jammu that prosecutrix died on 07.05.2010 and death certificate in
this respect was also placed on record
further submitted that,
since during the pendency of the trial, the prosecutrix died by
committing suicide, her statement under Section ... case of the prosecution that, as on the
date of incident, the prosecutrix was aged 17 years 4 months. To
established this fact, the prosecution
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
medical
examination report has recorded that the prosecutrix was habitual
to sexual intercourse.
16. The prosecutrix and her mother admitted that for 2-3
months ... living with the mother
of the prosecutrix as her husband after the father of the
prosecutrix died 6-7 years ago.
17. The possibility
Singh vs State Of Mp (1995) 5 Scc 518 , Hon'Ble on 19 April
been examined in defence.
11. Ld. Defence counsel argued that the prosecutrix died and
due to that reason, she could not be examined. Hence, prosecution ... many reports, the court came to the conclusion
that prosecutrix had died. Her name was struck off from the list.
13. PW1 Mala deposed that
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
