STATE Vs. SANJAY KUMAR VALMIKI

JUDGEMENT

(1.) BY judgment dated 11th May 2012 in Session Case No. 166 of 2011, the Additional Sessions Judge -II (North -West), Rohini Courts, Delhi convicted Sanjay Kumar Valmiki of the offences under Sections 302, 363, 376 (2)(f), 376 and 201 IPC for kidnapping the prosecutrix/deceased 'U ', aged about eight years, from the lawful guardianship of her parents with an intention to rape her; committed rape on her and thereafter hammered her to death with a steel rod; and then caused the disappearance of evidence of the commission of the offence by washing his clothes and the weapon of offence and concealing the body of the deceased. By an order on sentence dated 31st May 2012, the learned Additional Sessions Judge ( 'ASJ ') sentenced Sanjay Kumar Valmiki to death for the offence punishable under Section 302 IPC and imposed a fine of Rs.1 lakh, and in default of the payment of the fine directed him to undergo simple imprisonment ( 'SI ') for a period of three months and further directed the fine amount to be given to the family of the deceased as compensation under Section 357 of Code of Criminal Procedure ( 'CrPC '). The accused was further sentenced to undergo Rigorous Imprisonment ( 'RI ') for five years and a fine of Rs.5,000 for the offence punishable under Section 363 IPC and in default of the payment of the fine, to undergo SI for a period of one month. He was sentenced to RI for life i.e. the rest of his life and a fine of Rs.10,000 for offences punishable under Sections 376(2) (f) IPC and in default of the payment of the fine, to undergo SI for two months with the clarification that he shall not be considered for a grant of remission. Finally, he was sentenced to RI for three years and a fine of Rs.1,000 for the offence punishable under Section 201 IPC and in default of the payment of the fine, to undergo SI for a period of 15 days.

(2.) DEATH Sentence Reference No. 3 of 2012 has been preferred by the State seeking confirmation of the death sentence awarded to the accused. Independently, the accused has filed Criminal Appeal No. 1146 of 2012.

(3.) ON 13th July 2011 at around 6.15 pm, information was received at the P.S. through the police control room (PCR) that the dead body of the prosecutrix was lying in the electric panel room (also called the switch gear room) at the NDPL office, KU Block, Pitampura. ASI Raju Yadav (PW -30) and the Station House Officer ( 'SHO ') located the dead body which was found head down in one corner near the switch gear room with her panty pulled down to her thighs. The body was in a highly decomposed condition. PW -15 was then called up to identify the dead body. The crime team led by SI Devender (PW - 7) reached the spot and photographs of the crime scene were taken by Constable Dalbir (PW -2).