Criminal law was set into motion when at around 01.05 A.M. on 19.10.2006, an entry was made in the PCR Form Ex.PW-19/A by HC Jai Kumar PW-19 to the effect that a call has D.Sen.Ref.4/2008 & Crl.A.464/2009 Page 3 of 130 been received from the mobile number 9811042809 informing that children have been murdered by the servants at 6/4, Singh Sabha Road.HC Jai Kumar immediately transmitted the aforesaid information to Police Station Roop Nagar where HC Pawan Kumar PW-20, recorded the DD No.3A, Ex.PW-20/A, to the effect that a wireless information has been received informing that servants had murdered children at 6/4, Singh Sabha Road, Roop Nagar.D.Sen.Ref.4/2008 & Crl.A.464/2009 Page 3 of 130On receiving a copy of the afore-noted DD entry, SI Dharampal PW-40, accompanied by Const.Tejpal PW-25, proceeded to the building bearing Municipal No.6/4, Singh Sabha Road, Roop Nagar, Delhi.Simultaneously, Inspector Baltej Singh PW-48, who also received the information recorded in DD No.3A, reached the said building.On reaching the said building, the aforesaid police officers learnt that three children of Mr.Ramesh Kumar Aggarwal PW-10 and Nirmal Aggarwal PW-23, who are residing at the second floor of the said building, have been injured and removed to Sunder Lal Jain Hospital.The children who were injured were a boy named Pratham (herein after referred to as the "Deceased") aged 4 years, a girl named X aged 17 years and a girl named Y aged 9 years.(The real names of the two girls are not being disclosed D.Sen.Ref.4/2008 & Crl.A.464/2009 Page 4 of 130 as the instant case pertains to the commission of the offence of rape).D.Sen.Ref.4/2008 & Crl.A.464/2009 Page 4 of 130Leaving SI Dharampal PW-40, at the place of occurrence, Inspector Baltej Singh PW-48 and Const.Tejpal PW-25, proceeded to Sunder Lal Jain Hospital where they learnt that the deceased has been brought dead at the hospital as recorded in the MLC Ex.PW-2/C of the deceased.We note that following was recorded on the MLC Ex."....Alleged H/o stab injury, incise wound over Lt submandibular region at house at 12.45 AM on 19/10/06, brought in casualty by his relatives at 1:15 AM on 19/10/06 for medical aid.L/E incise wound over Lt Submandibular region .....Child was declared brought dead....."Inspector Baltej Singh PW-48 and Const.Tejpal PW-25, further learnt that X and Y have also been admitted in the hospital in an injured condition as recorded in their MLCs Ex.PW-2/A and Ex.PW-2/B respectively.We note that following was recorded on the MLC Ex.PW-2/A of X:-"Alleged H/o stab injury, incise wound over anterior aspect of neck and multiple incise wound over back at home at 12.45 AM on 19/10/06, brought in casualty by her relatives at 1:15 AM on 19/10/06 for medical aid.L/E Deep incise wound over anterior aspect of neck and multiple incise wound over back.D.Sen.Ref.4/2008 & Crl.A.464/2009 Page 5 of 130Shifted to OT Admit in ICU"We note that following was recorded on the MLC Ex.PW- 2/B of Y:-"Alleged H/o stab injury, incise wound over anterior aspect of submandibular region and Lt side neck Rt index and middle finger injury at home at 12.45 AM on 19/10/06, brought in casualty by her relatives at 1:15 AM on 19/10/06 for medical aid.L/E Incise wound over anterior aspect of submandibular region, Lt side neck and Rt index and middle finger.Shifted to OT Admit in ICU"At the hospital, Inspector Baltej Singh PW-48 and Const.Tej Pal met Ramesh Kumar Aggarwal PW-10, the father of the children.Inspector Baltej Singh recorded the statement Ex.PW-10/A of Ramesh Kumar Aggarwal and made and endorsement Ex.PW-48/A thereon, and at around 04.00 A.M. on 19.10.2006 forwarded the same through Const.Tejpal PW- 25, for the purposes of registration of an FIR.Tejpal took the endorsement Ex.PW-48/A to HC Pawan Kumar PW-20, who recorded the FIR No.295/06 Ex.In his statement Ex.PW-10/A Ramesh Kumar Aggarwal stated that his family consists of his wife Nirmala Aggarwal, three daughters Nikita Aggarwal, X and Y and his D.Sen.Ref.4/2008 & Crl.A.464/2009 Page 6 of 130 son Pratham (deceased) and that they reside on the second floor of the building bearing Municipal No.6/4 Singh Sabha Road, Ghanta Ghar, Shakti Nagar, Delhi.The accused used to reside in a room constructed on the roof of their residence.On 18.05.2006 in the evening he was watching television along with his wife and children in his room.At about 10.00 P.M. his three children i.e. X, Y and the deceased left their room while the accused remained in his room till 11.15 P.M. The accused was watching television and pressing his legs till the time he remained in his room.At about 11.15 P.M. the accused left from their room and he and his wife went to sleep.At about 12.45 P.M. his daughter X who was smeared with blood and writhing in pain suddenly came to his room.After telling him that the accused had hit her, X fell on the bed and became unconscious.In the meantime Y who was also smeared with blood came there.She told him that the accused had hit her and the deceased, upon which he and his wife rushed to the room of their children where they saw that the deceased was lying in a pool of blood with a knife stuck in his neck.On seeing the same he raised an alarm and removed his three children to Sunder Lal Jain Hospital with the help of his neighbours and relatives.The deceased was declared as D.Sen.Ref.4/2008 & Crl.A.464/2009 Page 7 of 130 brought dead at the hospital.The condition of both his daughters was serious.The accused absconded from his house.In the meantime, injured girl X was operated upon at Sunder Lal Jain Hospital.The report Ex."....Alleged H/o Assault Pt has been stabbed at multiple placesTracheal wound - already tube put2. Left side of chest wall around 47th ICS horizontal 5- 9 cm long wound, sucking woundPosterirly - 7-8 multiple wounds 2-3 ling vertically and horizontally placed D.Sen.Ref.4/2008 & Crl.A.464/2009 Page 8 of 130 All the wounds bleeding profusely mid line superior wound has an discharge also....."D.Sen.Ref.4/2008 & Crl.A.464/2009 Page 8 of 130The report Ex.PW-8/C prepared by Dr.A.464/2009 Page 9 of 130L/w over distal phalagx of Rt index, Rt middle and Lt ring finger L/w of about 1 cm x 0.5 cm over Rt shoulder."At around 3.45 A.M. Dr.Uma Rani Swain PW-9, conducted the gynaecological examination of Y. The relevant portion of the gynaecological examination report Ex.PW-9/B prepared by Dr.Uma Rani Swain reads as under:-"Ext genitalia: healthy and normal no obvious discharge or bleeding.Hymen intact.No sign of injury...."At about 5.15 A.M. Dr.Neetu made endorsements on the MLCs Ex.PW-2/A and Ex.PW-2/B of X and Y respectively that 'Pt. is not fit for statement because of tracheotomy.'After collecting the MLCs of the deceased, X and Y, Inspector Baltej Singh PW-48, proceeded to the place of occurrence.In the meantime, the crime team also reached the place of occurrence; on being summoned.At the place of occurrence, the police officials found that two bed sheets which were spread on the beds which were lying in the room of the children were stained with blood and that a foot print was imprinted on one of the said two bed sheets; a blood stained pyjama and an underwear were lying on the floor of the D.Sen.Ref.4/2008 & Crl.A.464/2009 Page 10 of 130 childrens room; a knife having an iron handle stained with blood was lying in the childrens room; a bunch of hair was lying on the one of the bed lying in the childrens room; a hair was lying on the floor of the childrens room; the floor of the room of the parents of the children was stained with blood; bed sheet which was found spread on the bed which was lying in the room of the parents of the children was stained with blood; the floor of a bathroom which was situated near the childrens room was stained with blood and that a knife was lying outside the said bathroom.The police lifted the aforesaid materials and seized the same vide memo Ex.PW-40/A.PW-26/A the same could not be developed.HC Rajpal Singh PW-32, photographer, took 11 photos Ex.PW-32/A1 to Ex.PW-32/A11 of the place of occurrence; negatives whereof are Ex.PW-32/B1 to Ex.SI Ajay Kumar PW-27, Incharge, Mobile Crime Team, North District, examined the place of occurrence and prepared the report Ex.PW-27/A, the relevant portion whereof reads as under:-D.Sen.Ref.4/2008 & Crl.A.464/2009 Page 11 of 130D.Sen.Ref.4/2008 & Crl.A.464/2009 Page 11 of 130Articles examined and lifts SOE - Lot of blood lying on the floor of the bed room and beds 1 Two nives - one from bed room floor and other in the bathroom window.I.O. is advised to 1 send the D.B. for P.M. 2 Interrogate the parents, neighbours and corporate 3 to locate and interrogate servants 4 Also interrogate injured ......." (Emphasis Supplied)Inspector Baltej Singh PW-48, prepared the sketches Ex.PW-48/B and Ex.PW-48/C of the two knives found at the place of occurrence and the site plan Ex.PW-48/D of the place of occurrence.PW-1/C8 pertaining to the death of the deceased prepared by Inspector Baltej Singh records that 'One knife has been recovered from the place of occurrence'.The medial angle of the wound is more acute.The shape of the wound is more or less spindle shaped.Two small cuticle deep cuts each 0.4 cm long and about 1 cm apart each other over just below and adjacent to middle part of mandible."The doctor further opined that the cause of death of the deceased is asphyxia consequent upon choking of trachea (wind pipe) by blood clots as a result of injuries to major vessels of left side of neck.The injuries were caused by sharp, cutting, penetrating and straight weapon and that the same were ante-mortem in nature.Injury no. (1) found on the person of the deceased was sufficient to cause death in the ordinary course of nature.After conduct of the post-mortem, the doctor handed over the clothes, scalp hair and blood sample of the deceased D.Sen.Ref.4/2008 & Crl.A.464/2009 Page 13 of 130 on a gauze to HC Tejpal PW-33, who in turn handed over the same to Inspector Baltej Singh PW-48, vide memo Ex.PW-33/A."He tried to molest me.He entered inside me, took off his clothes.It pained.This all happened in the end when he already stabbed me.He hurt all three of us simultaneously.Firstly he stabbed my younger sister, then me and then my brother.I dont know his name, my mom must be knowing it.I had seen him earlier also and I opened the light.He was working in my house since about 1 week.PW-48/F that 'Patient Y is very anxious and has been anti-xilotius.She would be not fit for statement'.Likewise, at about 11.00 P.M., Dr.Gaurav Singhal PW-3, made an endorsement Ex.PW-3/A on MLC Mark X of X that 'Pt not fit to talk at present as advised by Dr.Anoop K Ganjoo'.In the meantime, the police went about looking for the accused as Ramesh Kumar Aggarwal, the father of the children, indicted the accused as the person who caused death of the deceased and inflicted injuries on girls X and Y. In the early morning of 19.10.2006 the police received information that the accused is present in Rishikesh pursuant to which Inspector Vimal Kumar PW-29, accompanied by HC Yogender PW-28, proceeded to Rishikesh where he arrested the accused at 6.30 P.M. as recorded in the arrest memo Ex.PW-28/A.On being interrogated by Inspector Baltej Singh PW-48, in the presence of SI Rishipal Singh PW-34, the accused made his disclosure D.Sen.Ref.4/2008 & Crl.A.464/2009 Page 15 of 130 statement Ex.PW-34/A wherein he admitted that he caused the death of the deceased; committed rape upon X and inflicted injuries upon the person of X and Y. He further stated that he had hidden the clothes which he was wearing at the time of occurrence and that he can get recovered the same.Pursuant thereto, the accused led Inspector Baltej Singh PW-48, SI Rishipal PW-34 and SI Ramesh Dixit PW-35, to the place of occurrence i.e. second floor, 6/4, Singh Sabha Road and got recovered a pyjama, vest, underwear and handkerchief from the roof of the room which was built upon the said floor.The aforesaid clothes were seized vide memo Ex.PW-34/A. It may be noted here that Prem Prakash Aggarwal PW-17, the brother of the father of the children, was also present at the time of the recovery of the said clothes.It may be noted here that MLC Ex.PW-4/A of the accused records that no fresh external injury was found on any part of the body of the deceased and that the secondary sexual characters of the accused are well developed.A.464/2009 Page 16 of 130After conducting the medical examination of the accused, the doctor handed over the blood sample of the accused on a gauze to SI Rishipal PW-34, who in turn handed over the same to Inspector Baltej Singh PW-48, vide memo Ex.PW-34/C.On the same day i.e. 20.10.2006 at about 3.30 P.M. the accused was examined by Dr.M.K.Panigrahi PW-12, for the purposes of ascertaining whether he is capable to perform sexual intercourse.The report Ex.PW-12/A prepared by Dr.M.K.Panigrahi records that there is nothing to suggest that the accused is not capable of performing sexual intercourse and that no smegma was found in the external genitiala of the accused.On 21.10.2006 Y was discharged from Apollo Hospital.On the same date Inspector Baltej Singh PW-48, recorded the statement of Y under Section 161 CrPC.In her statement Y indicted the accused as the person who caused the death of the deceased; committed rape upon X and inflicted injuries upon her and X.On 22.10.2006 SI Rishipal PW-34, accompanied by HC Sanjay PW-30, again took the accused to Hindu Rao Hospital where he was examined by Dr.The MLC Ex.PW-6/A of the accused records that no fresh external injury was found on the person of the accused.D.Sen.Ref.4/2008 & Crl.A.464/2009 Page 17 of 130D.Sen.Ref.4/2008 & Crl.A.464/2009 Page 17 of 130After conducting the medical examination of the accused, the doctor handed over two vials containing scalp hair and pubic hair of the accused to SI Rishipal PW-34, who in turn handed over the same to Inspector Baltej Singh PW-48, vide memo Ex.PW-30/A.On the same day i.e. 22.10.2006 Inspector Baltej Singh PW-48, collected pyjama, t-shirt and brassiere worn by X at the time of her admission at Sunder Lal Jain Hospital, panty worn by Y at the time of her admission at Sunder Lal Jain Hospital, vaginal swabs of X and Y, urinal sample of X, blood which oozed out from vagina of X and pubic hair of X from Sunder Lal Jain Hospital and seized the same vide memo Ex.PW-9/C.On 23.10.2006 the bed sheet seized from the room of the children and having a foot print imprinted upon it was sent to Sudhir Bhalla PW-14, Finger Print Expert, who opined that no chance print could be developed by him for the reason no ridges were found on the foot print imprinted upon the bed sheet in question.He further opined that the said foot print be got examined by physical and biology division of FSL, Delhi.Sudhir Bhalla prepared the report Ex.PW-14/A in said regard.Pursuant thereto, said bed sheet as also other articles which were seized during investigation were sent to FSL where Ravinder Kumar Jain PW-15, Finger Print Expert, examined the D.Sen.Ref.4/2008 & Crl.A.464/2009 Page 18 of 130 foot print in question.A.464/2009 Page 18 of 130On the same day i.e. 23.10.2006 SI Manohar Lal PW-38, Draftsman, prepared the site plan to scale Ex.PW-37/A was prepared.Unfortunately, the error which had occurred in the rough report and was corrected subsequently found its way in the report Ex.PW-37/A. This practice of callously preparing reports by the officials of FSL is seriously deprecated by this court.It is expected that in future the officials of FSL would be more careful and vigilant while preparing the reports.D.Sen.Ref.4/2008 & Crl.A.464/2009 Page 24 of 130The correct factual position is that the hair seized from the spot (exhibit 5) was compared with pubic hair of X (exhibitThe result of the said comparison was that the characteristics of exhibit 5 were found to be dissimilar from the characteristics of exhibit 23 D.Sen.Ref.4/2008 & Crl.Additionally, the hair seized from the spot (exhibit 5) was also compared with scalp hair of the deceased (exhibit 11) and scalp hair of the accused (exhibit 25).However, no conclusive opinion could be rendered with regard to the said comparison.D.Sen.Ref.4/2008 & Crl.A.464/2009 Page 25 of 130Vide FSL report Ex.PW-37/B it was opined that blood detected on the two bed sheets, underwear and strand of hair seized from the room of the children was having O group; blood detected on pyjama seized from the room of the children and blood lifted from the said room was of human origin, group whereof could not be determined; blood detected on the bed sheet seized from the room of the parents, knife seized from the bathroom and clothes of the deceased was having O group; blood group of the deceased was O; no opinion could be given about the group of blood sample of the accused as the same had putrefied; blood detected on pyjama which X was wearing at the time of her admission in Sunder Lal Jain Hospital and t-shirt which Y was wearing at the time of her admission in Apollo Hospital was of human origin, group whereof could not be determined; no opinion could be given about the group of blood sample of X and blood which oozed from the vagina of X as the same had putrefied; blood detected on shirt and pyjama which X and Y respectively were D.Sen.Ref.4/2008 & Crl.A.464/2009 Page 26 of 130 wearing at the time of her admission in Apollo Hospital was having O group and that no opinion could be given about the group of semen which was found on the vaginal swabs of X and Y.D.Sen.Ref.4/2008 & Crl.A.464/2009 Page 26 of 130Vide FSL report Ex.PW-37/C it was opined that blood was detected on the vest, underwear and pyjama recovered at the instance of the accused and that human semen was detected on the said underwear and pyjama.Vide FSL report Ex.PW- 37/D it was opined that blood detected on the said vest was having O group; blood detected on the said underwear and pyjama was of human origin, group whereof could not be determined and that no opinion could be given about the group of semen which was detected on the said underwear and pyjama.Armed with the aforesaid materials, a charge sheet was filed against the accused.Following charges were framed against the accused:-D.Sen.Ref.4/2008 & Crl.A.464/2009 Page 27 of 130PW-20/B and the DD entry Ex.PW- 20/C were prepared by him.HC Shiv Pratap Singh PW-24, deposed that the copy of the FIR Ex.Tej Pal PW-25, deposed that he took the endorsement Ex.PW-48/A prepared by D.Sen.Ref.4/2008 & Crl.A.464/2009 Page 28 of 130 Inspector Baltej Singh PW-48, to the police station at about 04.00 A.M. on 19.10.2006 for the purposes of registration of an FIR.D.Sen.Ref.4/2008 & Crl.A.464/2009 Page 28 of 130Hari Gupta PW-6, Dr.Sudha Kansal PW-7, Dr.Seema Patni PW-8, Dr.Uma Rani Swain PW-9, Santosh Kumar Upadhyaya PW-11, Dr.M.K.Panigrehi PW-12, S.S.Rana PW-16 and Dr.K.Goyal PW-1, deposed that he conducted the post- mortem of the deceased and prepared the post-mortem report Ex.PW-1/A of the deceased.He further deposed that he handed over the clothes, scalp hair and blood sample of the deceased on a gauze to the police.M.Arshad PW-2, deposed that the MLCs Ex.PW-2/A, Ex.PW-2/B and Ex.PW-2/C of X, Y and the deceased were prepared by him.Gaurav Singhal PW-3, deposed that the endorsements Ex.PW-3/A and Ex.D.Sen.Ref.4/2008 & Crl.A.464/2009 Page 29 of 130D.Sen.Ref.4/2008 & Crl.A.464/2009 Page 29 of 130Rakesh Kumar PW-4, deposed that he medically examined the accused on 20.10.2006 and prepared the MLC Ex.PW-4/A in said regard.He further deposed that he handed over the blood sample of the deceased to SI Rishipal after conducting the medical examination of the accused.Hari Gupta PW-6, deposed that he medically examined the accused on 22.10.2006 and prepared the MLC Ex.PW-6/A in said regard.He further deposed that he handed over two vials containing pubic hair and scalp hair of the accused to SI Rishipal after conducting the medical examination of the accused.Sudha Kansal PW-7, deposed that she had prepared the history sheet Ex.PW-7/A of X on 19.10.2006 of X and that she made the endorsement Ex.PW-7/B on the MLC Mark X of X.X had multiple stab injuries all over her body, predominantly on the upper chest and abdomen and that her neck was slit open.Tracheotomy tube was put in the throat of X and that a chest tube was put in the left side of the chest of X. Multiple blood transfusions were given to X. She further deposed that she opined that the injuries found on the person of X were dangerous in nature and that the treatment record Ex.PW-8/A of X was prepared by her.D.Sen.Ref.4/2008 & Crl.D.Sen.Ref.4/2008 & Crl.A.464/2009 Page 30 of 130Uma Rani Swain PW-9, deposed that she conducted the gynaecological examination of X at about 3.15 P.M. on 19.10.2006 and prepared the report Ex.PW-9/A in said regard.She further deposed that she conducted the gynaecological examination of Y at about 3.45 A.M. on 19.10.2006 and prepared the report Ex.PW-9/B in said regard.After conducting the gynaecological examination of X and Y she handed over the materials seized vide memo Ex.Neetu made the endorsements that 'Pt. is not fit for statement because of tracheotomy' on the MLCs Ex.PW-2/A and Ex.PW-2/B of X and Y respectively.That he can identify the handwriting and signatures of Dr.Rakesh Kumar Gupta and Dr.M.K.Panigrehi PW-12, deposed that he examined the accused on 20.10.2006 at about 3.30 P.M. to ascertain whether the accused is capable of performing sexual intercourse and that he prepared the report Ex.PW-12/A in said D.Sen.Ref.4/2008 & Crl.A.464/2009 Page 31 of 130 regard.S.S.Rana PW-16, deposed that he handed over the materials seized vide memo Ex.PW-16/A to the police.D.Sen.Ref.4/2008 & Crl.A.464/2009 Page 31 of 130Urvashi Prasad Jha PW-46, deposed that on 19.10.2006 X had written the account Ex.PW-46/A of the incident in her presence.She conducted the gynaecological examination of X at about 05.00 P.M. on 19.10.2006 and she noted following injuries on the person of X:- (i) A torn hymen;(ii) Circumferential tears between the hymen and the labia minora with slight bleeding; and (iii) Tear in the fouchette with slight bleeding which is suggestive of forced sexual vaginal intercourse.C Witnesses to prove the scientific evidence: - Ravinder Kumar Jain PW-15, Dr.V.K.Goyal PW-36 and Anita Chhari PW-Ravinder Kumar Jain PW-15, deposed that the report Ex.PW-15/A was prepared by him.Anita Chhari PW-37, deposed that the FSL reports Ex.PW-37/A, Ex.PW-37/B, Ex.PW- 37/C and Ex.PW-37/D were prepared by her.V.K.Goyal PW-36, deposed that the police made an application Ex.PW-36/A for return of the parcel containing the pyjama recovered at the instance of the accused and that he D.Sen.Ref.4/2008 & Crl.A.464/2009 Page 32 of 130 made an endorsement Ex.PW-14/A was prepared by him.ASI Manish Kumar Bhardwaj PW-26, deposed that the report Ex.PW-26/A was prepared by him.ASI Ajay Kumar PW-27, deposed that the report Ex.PW-27/A was prepared by him.X PW-21, deposed that on 14.10.2006 her mother employed the accused as a domestic servant.On 18.10.2006 at about 10.00 P.M. she, Y, the deceased and her parents were watching television in the room of her parents.After sometime, she, Y and the deceased went to their bedroom where Y and the deceased went to sleep whereas she studied for about half an hour.Thereafter she also went to sleep on the bed on which the deceased was sleeping.At about 12.00 A.M. she heard the noise of weeping of Y upon which she woke D.Sen.Ref.4/2008 & Crl.A.464/2009 Page 33 of 130 up and saw that the accused was sitting between the bed on which she was sleeping and the bed on which Y was sleeping.She immediately switched on the light and saw that the neck and hands of Y were smeared with blood.The accused who was carrying a knife in his hand rushed towards her.She tried to open the door but the accused gave knife blows on her back and the left side of her body due to which she fell down on the floor.The accused went to Y, slit her throat and asked her to remove her pant.In the meantime, the deceased also woke up and started crying.Y asked the accused to allow her to go out to drink water but the accused told her to drink water from the tap in the bathroom which was situated in the said room.Y went to the bathroom and the deceased started to follow Y. When the deceased was about to enter the bathroom the accused caught hold of the deceased from his neck.The accused lifted the deceased from his neck, gave a knife blow on his neck and threw him on her bed.The knife got stuck in the neck of the deceased.She and Y requested the accused to let them go out and told him that they would not disclose a word about the incident to anyone.The accused went out of the room and brought another knife from the kitchen.The accused gave knife blows on her neck as also on the neck of Y. Thereafter he removed her pyjama and under pant as also his clothes.The accused tried to rape her but she managed to D.Sen.Ref.4/2008 & Crl.The accused again gave a knife blow on her back and committed rape upon her.While committing rape upon her, the accused removed a ring from the finger of her left hand.The accused again tried to rape her but she fell down from the bed.The accused placed his fingers on her nostrils to ascertain if she was alive or not.She stopped her breath and the accused went out of the room.She asked Y to go to the room of her parents and inform them about the incident but she did not go as she was scared and apprehended that the accused is present outside the room.She and Y were bleeding from their necks.Thereafter she went to the room of her parents by crawling on the floor.On reaching there, she switched on the light upon which her mother woke up.Her mother woke up her father.Her father made her to lie down on the bed.She told her parents about the incident.Her mother and her neighbours helped her to wear clothes.Her father and her neighbours removed her, Y and the deceased to the hospital.The pyjama and the underwear recovered by the police from her room were worn by her at the time of the occurrence.She caught the hair of the accused when he assaulted her for the first time and that some strands of hair of the accused came in her hand.D.Sen.Ref.4/2008 & Crl.A.464/2009 Page 35 of 130D.Sen.Ref.4/2008 & Crl.A.464/2009 Page 33 of 130D.Sen.Ref.4/2008 & Crl.A.464/2009 Page 34 of 130D.Sen.Ref.4/2008 & Crl.A.464/2009 Page 35 of 130On being questioned as to why she did not raise an alarm at the time of the occurrence, X stated that (Quote) 'I could not raise any alarm because I had sustained injuries on my neck.I had not struggled with the accused to save myself nor I had fought with him.I had pulled his hairs.'PW-22, deposed that on 18.10.2006 she, i.e. Y, the deceased and her parents were watching television in the room of her parents.At about 10.30 P.M., she, i.e. Y and the deceased went to their bedroom where she and the deceased went to sleep whereas X started studying.After sometime she felt that someone was fondling her body upon which she woke up.She saw that the accused was fondling her body with his hand.She removed the hand of the accused from her body upon which the accused pressed a knife on her neck as a result of which blood started to ooze out of her neck.When she removed his hand she also sustained injuries on her fingers.The accused pushed her from the bed due to which she fell down on the floor upon which she started weeping.On hearing her noise X woke up and switched on the light.X tried to open the door of the room but the accused attacked her with knife.The accused gave two-three knife blows to X. X caught the hair of the accused but fell on the floor.The accused asked her to open her pant.She asked the accused to D.Sen.Ref.4/2008 & Crl.A.464/2009 Page 36 of 130 let her go out as she wanted to drink water upon which the accused told her to drink water from the tap in the bathroom.In the meantime the deceased also woke up and started crying.She went to the bathroom and the deceased started to follow her.The accused caught hold of the deceased from his neck, gave a knife blow on his neck and threw him on the bed.The knife got stuck in the neck of the deceased.The accused ran to the kitchen and brought another knife from there.She followed X. She narrated the whole incident to her parents.Her father and neighbours removed her, X and the deceased to the hospital.She sustained injuries on her neck and other parts of her body.D.Sen.Ref.4/2008 & Crl.A.464/2009 Page 37 of 130D.Sen.Ref.4/2008 & Crl.A.464/2009 Page 36 of 130A.464/2009 Page 37 of 130On being questioned as to why she did not raise an alarm at the time of the occurrence, Y stated that (Quote) 'I did not cry because I have received cut with knife on my neck...I did not raise any alarm since I was injured.I was not having injuries on my leg.I did not run out of the because it was bolted from upside by a chitkani.' On being questioned about the commission of rape by the accused upon X she stated that (Quote) 'Accused kept on lying on my sister for 3-4 minutes.At that time I was on my bed.The difference between the first bad act and second bad act was half a minute.My sister has tried to free her by moving herself on one side but accused gave a knife blow to her.When my sister took a turn on one side accused had given a knife blow to her.My sister had taken a turn much after the accused laid on her....For the second time, the bad act which the accused did with my sister was on my bed.I was sitting on the same bed'.On being questioned about the movement of the accused to the kitchen the witness stated that (Quote) 'The accused left our bedroom at around 12.30 a.m. The door was open when the accused had left the bedroom to the kitchen to bring a knife.Within 5- 10 seconds, accused had returned back to the bedroom with a knife.We did not try to run out of the bedroom because the accused in the meantime had come to the bedroom again.' D.Sen.Ref.4/2008 & Crl.A.464/2009 Page 38 of 130D.Sen.Ref.4/2008 & Crl.A.464/2009 Page 38 of 130Ramesh Kumar Aggarwal PW-10, the father of the children, deposed that they employed the accused as a domestic servant to work in their house five days prior to the intervening night of 18/19.10.2006 on the recommendation of a driver named Jeetu.They gave a room built on the roof of their residence to the accused for his occupation.On 18.10.2006 he, his wife and three children namely X, Y and the deceased were watching television in their room.The accused who was pressing his legs was also present in the said room at that time.At about 10.00 P.M., X, Y and the deceased went to their bedroom.At about 11.15 P.M. he and his wife went to sleep and the accused left their room.At about 12.45 P.M. X who was soaked with blood and writhing in pain entered their room all of a sudden.She told him and his wife that the accused has inflicted injuries on her body and thereafter fell on the bed.Meanwhile, Y who was also soaked with blood and was weeping loudly came to their room and told them that the accused has caused injuries to the deceased.On hearing the same, he and his wife rushed to the room of their children where they saw that the deceased was drenched with blood and that a knife was stuck in his neck.The knife which was stuck in the neck of the deceased did not belong to their household.He pulled out the knife from the neck of the deceased and threw it on the floor.He raised an alarm upon which their neighbours came to their residence.He and his neighbours removed X, Y and the deceased to Sunder Lal Jain Hospital where the deceased was declared as brought dead.The doctors told him that the condition of X and Y was serious at the time of their admission in the hospital.After sometime the police arrived at the hospital and recorded his statement Ex.PW-10/A. The accused managed to escape from their house.On 26.10.2006 he handed over the t-shirt and the pyjama which Y was wearing at the time of the occurrence to the police.The date of birth of X and Y are 09.10.1989 and 28.07.1997 respectively as recorded in the birth certificates Ex.PW-10/C and Ex.PW-10/D.D.Sen.Ref.4/2008 & Crl.A.464/2009 Page 39 of 130A.464/2009 Page 40 of 130 the hospital.I did not find that knife there in my house when I came back at 10.00 am from the hospital'.On being questioned about the presence of the accused after the occurrence, the witness stated that (Quote) 'It is correct that after my daughter came to my bedroom I along with my wife and daughter had gone to the bedroom of my children.Nirmal Aggarwal PW-23, the mother of the children, deposed that on 14.10.2006 they employed the accused as a domestic servant to work in their house.On 18.10.2006 she, her wife a