hi friends,

I am a lawyer practicing in Jharkhand High Court, and i am persuing a criminal appeal (Division Bench)(hearing) on behalf of the state.

the fact in brief is that in the Year 1999 a 19 year old girl was gangraped by 19 accused persons, who had raped beaten her up, and made her consume their urine and many other violence.

-the victim girl in his 164 Cr.p.c. statement have confirmed the occurence of rape and assault but could not confirm the identity of the accused.

- in T.I. parade she identified one the accused.

- The victim did not go for second T.I. parade as she felt it traumatic and self demeaning.

- The medical tests have all confirmed rape.

- the accused persons refused to give their blood samples and semen samples for the medical test.

- the accused persons have confessed their offence in their 161 Cr.p.c Statement.

- Two of the Co accused in their 164 Cr.p.c. statement have stated that it was not them who have commited the offence but it is the other accused who have committed the offence.

- the victim girl subsequenly lost her mental balance due to the trauma and shock and could never recuperate from it.

- subsequently she died after 8 years of the unfortunate event due to trauma and complication developed in her health due to the injuries.

- all the accused were convicted with R.I. for life.

hence the Appeal

now it would be realy kind if some help may be bestowed upon me on certain points(with citations or materials) mentioned below:-

. whether the 164 Cr.p.c. statement of the co accused is still admissible if the the those accused have denied allegation upon them but have shifted the onus on other accused.

. can the accused be tried under 302 IPC if the victim died subsequently after 8 years of offence against her.

. can the sentence be enhanced at this juncture (hearing at high court).

. 161 or 164 Cr.p.c are corroborative piece of evidence ad not substative but yet are there any instances where the statement made these two sections have been made admissible.

. the victim girl could not depose during the trial due to the mental condition, can the accused be convicted even if the victim had not deposed.

. any other help on the case would be a big help.

Regards

Nemish Kumar

Advocate