SALAMAT ALI Vs. STATE

JUDGEMENT

(1.) Vide impugned judgment and order dated 10.8.2009 the appellant has been convicted for the offence punishable under Section 302 IPC. The appellant has been acquitted of the charge for the offence punishable under Section 376 IPC and Section 201 IPC.

(2.) Briefly stated, the case of the prosecution is that deceased Sabina Khatoon, aged about 8 years, left her house at around 10:00 AM on 20.1.2006 and did not return home. Her dead body was noted by somebody near Ganda Nala, Madhav Setu on Naraina Road, information whereof was passed on at the local police station where the same was noted vide DD No. 7 at around 12:30 noon on 23.1.2006. Mohd.Mustafa, father of Sabina Khatoon, also received the information of the dead body of a young girl being found and accordingly he reached the spot. He made the statement Ex.PW-2/C to the police officer who had reached the spot, as per which Mohd. Mustafa told the investigating officer that his daughter Angoori was married to the appellant and was having a matrimonial dispute and therefore had returned to her parental home. Her son was with the appellant. He i.e. Mohd.Mustafa had sent Sabina Khatoon to the house of the appellant at around 9-9:30 AM on 20.1.2006 to fetch her nephew, but she never returned. Hence, he sent his son Chand PW-3, to the residence of the appellant and Chand returned and informed him that the appellant had told Chand that after scolding Sabina he had sent her back. That Chand further told him that the appellant did not permit Chand to look or peep inside his house.

(3.) Needless to state, the FIR was registered for the offence of murder. Since it was suspected that Sabina was raped offence punishable under Section 376 IPC was also included. Appellant was apprehended.