(1.) The State has preferred this appeal against the judgment of the Additional Sessions Judge dated 20.08.2009 by which the Respondent was acquitted of the charges of having committed the offences under Sections 376/302/201/436 IPC.
(2.) The prosecution case is that on 18.01.2000 at about 3.05 P.M., an entry- (DD) No.38B -was made at police station Hauz Khas. The intimation was that a girl was burnt in a Jhuggi, near Avtar Taxi Stand, Green Park, Arya Samaj Road. It was further alleged that two police personnel, i.e., ASI Badami Lal and Ct. Banwari Lal reached the spot and found Jayanti, aged 14 years, lying dead inside her Jhuggi. Kali Charan aged 8/10 years, brother of the deceased met them. ASI Badami Lal recorded his statement; he disclosed that one Prakash had come to their Jhuggi at about 12.30 P.M. in the afternoon when Jayanti was sitting on the roof. Prakash met Jayanti and both went into the Jhuggi. Prakash asked him (Kali Charan) to play outside. When he returned to the Jhuggi after some time, he saw that the door of the Jhuggi was closed and on peeping through the door, he saw Prakash lying on his sister on the cot. Prakash and Jayanti were not wearing their lower garments (pant and salwar respectively). On his knocking on the door, Prakash opened it after a delay and asked him to go out to play. He saw his sister Jayanti weeping at that time. Kali Charan further stated that when he returned after some time, he saw Prakash going out of the Jhuggi after locking it. At about 2.30 P.M., he saw smoke and fire coming out from the Jhuggi. He raised an alarm; many members of the public, including Dasha Ram, Ram Gopal and Mangla reached the spot and broke open the door. On entering the Jhuggi, they found Jayanti lying dead on the ground.
(3.) This statement formed the basis of the rukka and an endorsement was made on it. ASI Badami Lal sent the rukka at about 4.30 P.M. and lodged the FIR in the present case.
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