AMZAD Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The Appellant Amzad has been produced in police custody. The Appellant Sagir is represented by counsel, Shri. Deepak Vohra. With consent of counsel for parties, these two appeals were finally heard, (since the appellants had undergone detention for over 8 years). The Trial Court records are in the Court and the paper books had been prepared; they were furnished to counsel for all the parties.

(2.) The Appeals are directed against the judgment and order of the learned Additional Sessions Judge dated 27.04.2010 in Session Case No.141/2009. The appellants were convicted for the offences punishable under Sections-366/376/377/302/34 IPC.

(3.) The prosecution had alleged that the appellants had conspired and lured the victim Gudiya, daughter of the complainant/informant, Rahmat Ali (PW-2) earlier on 12.12.2003 at around 6:00 PM and thereafter proceeded to commit rape on her and killed her. It was alleged that Gudiya was asked to accompany the accused, with the promise that she would be given a toffee. The evidence and materials on record reveal that Gudiya s body was discovered in the morning, on 13-12-2003, after her abduction, at 09:52 AM, within the jurisdiction of PS Geeta Colony; evidenced by Ex.PW-9/A. PW-2 was the complainant or first informant; his statement about the disappearance of Gudiya had been recorded in the night of 12-12-2003. After the conclusion of investigations, during the course of which, the appellants were arrested, they were charged with committing the various offences which they were ultimately convicted for; they denied guilt, and claimed trial.