DARGA RAM @ GUNGA Vs. STATE OF RAJASTHAN


This case was rape case. FIR was lodged in Police Station Rani in the State of Rajasthan on 11th April, 1998, stating that the complainant on 9th April, 1998 had organised a “Jaagran” (night long prayer meet) near a well belonging to one Magga Ram. The complainant and other relatives, in all around 50 persons assembled for the “Jaagran” that continued till late night. This included his seven year old daughter-Kamala who went to sleep along with other children close to the place where the “Jaagran” was held. When he returned to his house he noticed that Kamala was missing. Assuming that she may have gone away with one of the relatives, a search was made at their houses but Kamala remained untraceable. After Searching in neighbouring areas dead body was found. Ram. On receipt of this information he and Naina Ram went to the place and found that baby Kamala had been raped and killed by crushing her head with a stone. The injuries found on the person of the appellant were said to be 3 to 5 days old. it was found that there is complete chain and lead to an irresistible conclusion that the appellant was responsible for the offence of rape and murder of the hapless baby-Kamala who appears to have been picked up from the place where she was sleeping with other children and taken at a distance only to be raped and eventually killed.The appellant is reported to be a deaf and dumb. He never admitted to school.  Meidcal Board and to declare the appellant to be a juvenile as on the date of the occurrence no matter the offence committed by him is heinous and but for the protection available to him under the Act the appellant may have deserved the severest punishment permissible under law. The fact that the appellant has been in jail for nearly 14 years is the only cold comfort for us to let out of jail one who has been found guilty of rape and murder of an innocent young child.

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