Radhey Shyam Vs. State of Rajasthan
Rape – Murder – Conviction set aside
Criminal Appeal No. 593 of 2005-Decided on 25-2-2014.
We are of the opinion that the prosecution has suppressed the genesis of the case. The incident does not appear to have happened in the manner in which the prosecution wants the court to believe it had happened. The police came to the scene after about one hour. As to what happened in between is anybody’s guess. The story of alleged dying declaration of Rajkanta is not established. The discovery of blade from the almirah is not established and has rightly been rejected by the trial court. The panch witness turned hostile. Resultantly, the recoveries are not established. PW-13 Vimala, the wife of the appellant, categorically stated that the appellant loved his children and he was a normal person. His conduct prior to the incident does not suggest guilty mind. He fed his children Jalebi and Kachodi. He ordered tablets for Rakesh because he had high fever. The injuries suffered by the children are so grave that the children would have raised cries. Nobody has stated that they heard any cries. The story that the child witness saw the incident through the hole is difficult to digest. No independent witness has been examined and the evidence of all the witnesses is replete with inconsistencies. All these circumstances make the prosecution story doubtful. The appellant, therefore, must be given benefit of doubt...read more
