RAMAN KUMAR Vs. STATE OF DELHI

JUDGEMENT

(1.) The present Appeal challenges the judgment dated 25.10.1997 and an order on sentence dated 28.10.1997 of Ld.ASJ in SC No.32/1996 by which, the appellant was convicted for committing the offences punishable under Sections 366/302/201 IPC and was sentenced to undergo imprisonment for life and various prison terms detailed in the order on sentence.

(2.) The prosecution had alleged that on 30.09.1992 at about 5.30 P.M., Surabhi Kukereja, aged 6 years, along with her brother Gaurav aged 9 years had gone to witness Ram Lila at Ashok Vihar, Phase-2. When she did not return, her father Vijay Kukereja lodged a "missing person" report vide DD No.15-A at 7.30 P.M. at PS Ashok Vihar. Efforts were made to trace the missing girl but in vain. SI Inder Pal made an endorsement on DD No.15-A and got the case registered under Section 366 IPC. Police made local inquiries and informed the missing persons squad; it sent the information to various newspapers and also to TV channels but no clue could be found. During the course of investigation, Vijay Kukereja informed the police that he was receiving threats on telephone. SI Inder Pal put the complaint's telephone under surveillance. Vijay Kukereja also handover two letters Ex.P-2 and P-3 received by him on different dates which were seized vide seizure memos.

(3.) On 30.11.1992 Inspector L.N.Rao took over the investigation from SI Shiv Dayal. On the secret information received by the police about presence of the accused at Azadpur flyover near Shalimar Bagh, he was apprehended at about 8.30 A.M. In his confessional statement, he allegedly disclosed that he could recover the dead body of the child from a canal in village Singalpur and her chappals from the bushes near the canal. Inspector L.N.Rao produced the accused in muffled face on 01.12.1992 and moved an application to conduct TIP proceedings. The accused declined to participate in the TIP proceedings conducted by the Magistrate.