CHOTKAU Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Convicted for the offences punishable under Ss. 302 and 376 of the Indian Penal Code, 1860 (for short "IPC") and sentenced to death by the Sessions Court, which was also confirmed by the High Court on a reference and an appeal, the sole accused has come up with the above appeals.

(2.) We have heard Shri S. Nagamuthu, learned senior counsel for the appellant and Shri Ardhendumauli Kumar Prasad, learned Additional Advocate General for the State of Uttar Pradesh.

(3.) The case of the prosecution was that on 8/3/2012 at about 20:10 hrs., one Kishun Bahadur, resident of Village Semgarha, P.S Ikauna, District Shravasti lodged a complaint at Police Station Ikauna alleging that at about 4:00 p.m on the same day, the appellant herein took his niece aged about 6 years under the pretext of showing dance and song performances on the occasion of the Holi Festival. When the girl did not return home, a search was conducted. It was found that the appellant was not found in his house, but the dead body of the girl was found in the sugarcane field located on the southern side of the village. Another villager by name Fatehpur Bahadur, who was part of the team that searched for the missing girl, claimed to have seen the appellant leaving the sugarcane field after about half-an-hour. Therefore, invoking the last seen theory and on the basis of circumstantial evidence, the appellant was charged for the commission of the offences of raping the minor girl and murdering her.