AMIT Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THIS is an appeal by way of special leave under Article 136 of the Constitution of India against the judgment dated 29.07.2009 of the Allahabad High Court in Criminal Appeal No.7361 of 2007 and in Reference No.26 of 2007 confirming the conviction of the appellant under Sections 364, 376, 377, 302 and 201 of the Indian Penal Code (for short 'IPC') as well as the sentences of imprisonments and death awarded by the learned Additional Sessions Judge.

(2.) THE facts very briefly are that on 19.03.2005, one Radhey Shyam lodged a First Information Report (for short 'FIR') at the Daurala Police Station in District Meerut at 21:15 hours alleging that while his mother Manno and wife Shakuntala were present at house, his neighbour Amit, the appellant herein, took away his daughter Monika, aged 3 years, from his house on the pretext that he would give biscuits to her but neither his daughter nor the appellant returned and when at about 5.00 p.m. the appellant came back to his house, he inquired about the whereabouts of Monika, but the appellant did not reply and ran away. Crime No.90 of 2005 for the offence under Section 364, IPC, was registered. THE appellant was apprehended on 20.03.2005 near the Pawli Khas Railway Station, Modipuram, P. S. Daurala in District Meerut and his shirt, which bore blood-stains on its right arm, was taken off from his person. On the statement of the appellant, the dead body of Monika kept in a plastic bag was recovered from the wheat field in the out skirts of village Palhara in the presence of Radhey Shyam and Iqbal Singh. A pair of green colour chappals, which were blood-stained, were also recovered from the corner of a room of the house of the appellant on the statement of the appellant in presence of Radhey Shayam and Iqbal Singh. THE shirt of the appellant and the chappals, frock, underwear of Monika and a back thread were sent to the Forensic Science Laboratory Uttar Pradesh, Agra, which confirmed presence of human blood and human sperms on some of these materials. After investigation, chargesheet was filed against the appellant under Sections 364, 376, 377, 302 and 201, IPC, and charges were accordingly framed by the learned Additional Sessions Judge, Court No.12, Meerut, and Sessions Trial No.449 of 2005 was conducted.

(3.) LEARNED counsel for the State, on the other hand, took us through the evidence of PWs-1, 2, 3 and 4 as well as the three memoranda of recovery made on 20.03.2005 pursuant to the confessional statements of the appellant admissible under Section 27 of the Evidence Act as well as the report of the Forensic Science Laboratory to show that the trial court rightly convicted the appellant and the High Court rightly confirmed the conviction under Sections 364, 376, 377, 302 and 201, IPC.