STATE Vs. PAWAN KUMAR @ RAJA CHAND

JUDGEMENT

(1.) STATE is aggrieved by the judgment of the Additional Sessions Judge dated 03.05.2012 whereby the respondent/Pawan Kumar had been acquitted of the charges leveled against him i.e. of charges under Sections 363/377/302 of the IPC. The finding returned was that the prosecution has failed to prove its case.

(2.) THE case of the prosecution is that on 14.04.2009, an information was received in the local police station Kirti Nagar that Bunty aged 5 five years had been kidnapped; efforts to trace out him having failed, an FIR under Section 363 was registered. Two days later i.e. on 16.04.2009, DD No. 11 A was recorded (Ex.PW 5/A) which contained information to the effect that the dead body of a missing child had been found in a gunny bag at Jawahar Camp Jhuggis, MCD gutter. The dead body was identified by his uncle to be that of Bunty.

(3.) INVESTIGATION commenced. Inquest proceedings were ordered. During the inspection of the body, hair found around the neck of the deceased and the gunny bag were seized and sealed by the Investigating Officer SI Bhagat Ram (PW 23) with his seal.