AMIT ALIAS AMMU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The dead body of deceased, a young child aged about 11-12 years and student of VI standard, was first sighted by PW-1 on 29th March, 2001 at about 3.45 p.m. Immediately, he reported the matter to the concerned police station. His oral report was recorded into writing, i.e. FIR Ex. No. 28.

(2.) On Ex. 28, it has been recorded that on 29th March, 2001, PW-1 accompanied by Ajay PW-11, had gone to the rear portion of a place known as Gaimukh for grazing she-buffaloes. One of the buffaloes went in a dilapidated building close-by. In order to drive out that animal on going inside, he noticed the dead body of a school girl in school uniform lying in supine condition. He informed the police. The two police officials came to the site along with him. The said unidentified girl was seen by him the previous day as well in the forest in the area where he usually goes for grazing of the animals. At that time she was in the company of a boy aged about 20 years. She was carrying school bag. At that time too, PW-11 was with PW-1. The description of the boy has also been given. The said boy was having with him bicycle like that of Ranger type. The boy on being asked gave his name as Gandhi and stated that the name of the accompanying girl is Vidya who was his sister and as her family members were going to come to Devi Temple, he had brought her directly from her school. Both were brought up to the road and went away by sitting on the bicycle. The girl seen by PW-1 and PW-11 was the same whose body had been found. The investigation led to the arrest of the appellant at 11.00 p.m. on 29th March, 2001.

(3.) The father of the deceased and the appellant work in same office. Deceased and the appellant knew each other. The appellant was charged and found guilty of offence under Section 302, IPC for the murder of the deceased as also for her rape under Section 376, IPC. The Sessions Court, for offence under Section 302 awarded death penalty and for offence under Section 376, rigorous imprisonment for 10 years. Compensation of Rs. 25,000 in terms of the judgment of the Sessions Court was awarded under Section 357, Cr. P. C. for being paid to the parents of the victim for mental torture, agony and the loss sustained of their only female child.