John Mansing Thakur Vs. State of Gujarat - Court Judgment

Excerpt:
- - 2. the case against the accused-appellant was that he had tried to commit rape of his step-daughter named lila aged about 20 years and when he failed in his object, he threatened her with dire consequences if she were to reveal this attempt to anyone.n.j. pandya, j.1. the accused-appellant was tried for charge of murder in sessions case no. 81 of 1987 before the learned sessions judge of bulsar at navsari. by judgment dated 29-8-1988 the learned trial judge was pleased to hold the accused-appellant guilty and therefore, awarded rigorous imprisonment for life.2. the case against the accused-appellant was that he had tried to commit rape of his step-daughter named lila aged about 20 years and when he failed in his object, he threatened her with dire consequences if she were to reveal this attempt to anyone. she insisted that she will disclose this fact and that caused her life. enraged by her insistence, the accused-appellant poured kerosene on her and put her to flame.3. complaint came to be given by the mother of the deceased savitaben which is the case of the prosecution. however, before the trial court, in course of deposition, she had chosen not to support the prosecution and therefore, her statements in form of f.i.r. was brought to her notice by way of confrontation and contradiction. one more witness, a neighbour has also not supported the prosecution, namely, witness shailesh p.w. 3.4. the learned judge, however, had before him the case history as recorded by doctor who had admitted the deceased in bulsar government hospital and has produced the case papers at exh. 13. in the very opening part of the case paper it has been noted that father of the girl has burnt her as he was off and on keeping an evil eye on her.5. the doctor had called the police and they in turn moved the matter also to the executive magistrate. the executive magistrate of the area was requested to record the dying declaration by 1-15 a.m. in the middle of the night and he responded to it within 15 minutes. yadi sent to him is at exh. 20 where the doctor who treated the girl at the relevant time has put an endorsement that the patient is in a position to give replies.the dying declaration came to be recorded which is at exh. 19. in any circumstances the girl has implicated the accused-appellant.6. thus, the dying declaration read with the said case history in exh. 14 has brought about the consistent story against the accused-appellant and that itself is the case of the prosecution against him. the girl breathed her last on 26-8-1987. looking to the passage of time and especially when the statement was recorded on the day of the incident itself within 4 to 5 hours of the same, in our opinion the reliance placed by the learned judge on these two materials cannot be said to be any way faulty.7. we are convinced that the materials do inspire confidence and therefore, the conviction based on it cannot be said to be wrong in any way.the net result is, therefore, that the appeal fails and it is accordingly dismissed. the order of the trial court is confirmed.