MUSA SINGH Vs. STATE

JUDGEMENT

(1.) Challenge in the present appeal is to the sentence of life imprisonment for the offences punishable under Sections 302 and 377 IPC, the sentence of 5 years rigorous imprisonment for the offence punishable under Section 363 IPC and 3 years rigorous imprisonment for the offence punishable under Section 411 IPC and varying amounts of fine for the aforesaid offences, in default the Appellant to undergo further imprisonment.

(2.) The prosecution case in a nutshell is that on 19.04.2006, the Appellant/accused Musa Singh abducted and sodomised a boy named Vishal aged 5-6 years and caused his death by hitting him with a brick on his head. PW1 Seema in this regard lodged a complaint at Police Station Shalimar Bagh on the basis of which ASI Urmilla (PW15) registered FIR (FIR No.280/06) Ex.PW1/A. A day later, that is, on 20.04.2006, PW18 Constable Babita received a call informing that a dead body of a male child aged about 5-6 years is lying in the room under water tank in front of Railway Track, Gali No.2, Rajasthani Udyog Nagar, Jahangir Puri. PW18 Constable Babita recorded this information in the PCR Form Ex.PW18/A. The information was further passed to Police Station Jahangir Puri where HC Raj Rani (PW9) recorded this information vide DD No.17 (Ex.PW9/A). PW23 SI Rajesh Kumar posted at Police Station Jahangir Puri and PW17 HC Suraj Bhan on receipt of DD No.17 at about 10:15 A.M. went to the spot. PW23 SI Rajesh Kumar flashed this message to various Police Stations. The message was also sent to Police Station Shalimar Bagh where missing report had been lodged by the mother of the child, on the basis of which FIR Ex.PW1/A was registered on 19.04.2006. SI Ravinder Singh (PW22) was informed by the duty officer P.S. Shalimar Bagh that a message has been received from PS Jahangir Puri that a dead body of a male child aged about 5 to 6 years has been found. On receipt of this information, SI Ravinder (PW22) along with Seema (PW1), Raj Kumar (PW2) and Kamlesh (PW4) reached the spot, that is, Gali No.2, Rajasthani Udyog Nagar, near water tank, Railway line, Jahangir Puri and identified the dead body as that of Vishal. At the spot, SI Rajesh Kumar (PW23) was already present. SI Rajesh Kumar called the crime team and after inspection by the crime team, he lifted sealed and seized cement brick with blood stains (Ex.PW17/A), earth control (Ex.PW17/B), blood sample from spot (Ex.PW17/C) and chappals of the deceased (Ex.PW17/D). Postmortem on the dead body was got conducted (Ex.PW19/A). In the postmortem, the doctor opined that there was forceful penetration of anal canal by a fully erected penis and the cause of death was cranio-cerebral damage resulting from blunt force. Time since death was approximately 24 hours. Three days later, on 23.04.2006 the accused was arrested at the instance of Seema (PW1) vide arrest memo Ex.PW1/C and his personal search was conducted vide memo Ex.PW1/D. From his formal search, a mobile phone belonging to the mother of the deceased boy was also recovered from the possession of the accused. The phone was seized vide seizure memo Ex.PW1/B. Thereafter Constable Naresh PW28 brought accused Musa Singh to the Babu Jagjivan Ram Memorial Hospital for his examination. On completion of investigation, the charge sheet was filed.

(3.) The accused was charged for the offences punishable under Sections 363/377/302/411 IPC. Prosecution in order to bring home the guilt of the accused examined 29 witnesses. The statement of the accused was recorded under Section 313 Cr.P.C. in which the accused admitted that PW1 Seema with her son was residing at the house of Om Parkash in Gali No.9, Shalimar Bagh, Delhi along with her husband Rajkumar (PW2), but denied having committed the offences aforesaid and stated that he had been falsely implicated at the instance of the complainant due to enmity. He stated that he wanted to lead evidence in his defence, but subsequently defence evidence was closed without examining any witness.