JANKI BACK Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction & order of sentence dated 23-3-2010 passed by the 3rd Additional Sessions Judge, Fast Track Court, Ambikapur in Sessions Trial No.251/2009, whereby & whereunder learned Additional Sessions Judge after holding the appellant guilty for committing unnatural offence with a 5 years' aged child namely Neeraj, homicidal death amounting to murder of Neeraj and concealing the evidence of criminal case, convicted the appellant under Sections 302, 377 & 201 of the IPC and sentenced him to undergo imprisonment of life & pay fine of Rs.5,000/-, in default of payment of fine to further undergo RI for one year; imprisonment of life & pay fine of Rs.5,000/-, in default of payment of fine to further undergo RI for one year; and RI for seven years & pay fine of Rs.2,000/-, in default of payment of fine to further undergo RI for six months, respectively.

(2.) Conviction is impugned on the ground that without any iota of evidence, the trial Court has convicted and sentenced the appellant and thereby committed illegality.

(3.) As per case of the prosecution, on the fateful day of 11-3-2009 at about 6 p.m. unfortunate deceased Neeraj went out from his house along with his six years' aged elder brother Yuvraj (PW-1), they were keeping Rs.50/- each. The appellant met them, he threatened Yuvraj and took Neeraj with him, thereafter, he committed unnatural offence with Neeraj and committed his homicidal death, and threw the dead body in the well with a view to conceal the evidence of criminal case. Yuvraj (PW-1) came back to his house, he was under fear and on being asked, he did not inform his father about the incident. He along with Jeevanlal (PW-2), father of the deceased, made search of small child Neeraj at night but to no avail. On second day morning mother of Jeevanlal (PW-2) informed that the dead body of Neeraj is lying in the well. Jeevanlal (PW-2) went to Police Station Rajpur and lodged morgue Ex.P-1 on 12-3-2009.