VINOD @ MANOJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) The judgment dated 25.08.2009 passed by the High Court of Punjab & Haryana, Chandigarh in Criminal Appeal No. 962-DB of 2006 confirming the judgment and order of conviction dated 08.12.2006 passed by the Additional Sessions Judge-cum-Special Judge, Narnaul in Sessions Case No. 6 of 2005 is called in question by the convicted accused. By the impugned judgment, the accused is convicted under Sections 364,376,302 and 201 IPC and sentenced to undergo rigorous imprisonment for 10 years,10 years, imprisonment for life and two years respectively for the aforementioned offences.

(2.) The case of the prosecution in brief is that the deceased Sushma @ Babli aged about l41/2 years was living along with her mother and younger sister in the house of her uncle Rajesh Kumar in village Dewas as her father Krishan Kumar had expired; the appellant and other boys used to tease the deceased while going to school and used to go behind her. On 11.06.2005, that is, the date of the incident, the accused and other boys were roaming around the house of the deceased in the evening. At about 10.30 p.m. PW-7, the grand-mother of the deceased who was sleeping in the house woke up and found that Sushma was not present in the house. All the family members started searching for the deceased. On 13.06.2005, Rajesh Kumar the uncle of the deceased met Chhaju Ram, Ex-Sarpanch of the village and informed him about the incident and told him that he wants to lodge a complaint with the police. At that point of time, the said Chhaju Ram advised him not to report the matter to the police and that the deceased can be searched privately. Ultimately, the FIR came to be lodged on 23.06.2005. Based on the extra judicial confession of the accused, the accused came to be arrested on 22.07.2005.

(3.) As mentioned supra, the Trial Court as well as the High Court convicted the accused for the aforementioned offences.