LAWS(DLH)-2013-11-160

STATE Vs. MUKESH KUMAR

Decided On November 19, 2013
STATE Appellant
V/S
MUKESH KUMAR Respondents

JUDGEMENT

(1.) Sunita (PW-10) the mother of the victim Neha had made a complaint in Police Station Okhla Industrial Area on 12.06.2005 at about 01:30 PM which was to the effect that her daughter aged three years named Neha had been taken away by the appellant Mukesh on the pretext of giving her toffee; this was in the morning at 08:30 AM; since then Neha had not returned and inspite of frantic efforts made by her and her husband to search for her daughter, she was not traceable.

(2.) On this complaint of Sunita (Ex.PW-12/A), the rukka (Ex.PW-12/B) was dispatched and was received by ASI Shanti (PW-4) who registered the formal FIR under Section 363 of the IPC. Inspector Sunil Kumar (PW-12) along with PW-10 reached the house of the complainant. They met Manoj Thakur, the father of the victim. The appellant was also found present at the spot. He was interrogated. He made a disclosure statement (Ex.PW-10/C). He disclosed that he had taken baby Neha to the empty Container Depot, Badarpur near Tughlakabad Railway Station where he had committed rape on her and later on killed her.

(3.) PW-12 along with the father of the victim Manoj Thakur, constable Jai Prakash (PW-6A), HC Shokender (PW-9) accompanied by the public witness Rajesh (PW-2) reached the spot and at the pointing out of the appellant container No. PCIU 3286726 was checked; naked body of the victim Neha was found lying there; near the body, a blue coloured "T" shirt, a blue underwear, blue chappal and frock with blood were lying.