STATE Vs. BHARAT SINGH

JUDGEMENT

(1.) BY the judgment dated 14th January 2014 in SC 14 of 2013, the Additional Sessions Judge (ASJ), Special Fast Tract Court convicted Bharat Singh for the offence under Sections 376 (2) (f) and 302 of the Indian Penal Code (IPC) while acquitting co -accused Sanjay and Arvind for the offence under Section 201 IPC. By the consequent order on sentence dated 15th January 2013, the learned ASJ sentenced the accused Bharat Singh to rigorous imprisonment for life with a fine of Rs. 50,000 for the offence under Section 376 (2) (f) IPC and in default of payment of fine, to undergo further imprisonment for a period of one year, and to death for the offence under Section 302 IPC with fine of Rs. 50,000.

(2.) THE State has sought confirmation of the death sentence through Death Sentence Reference No. 1 of 2013. The accused has filed Criminal Appeal No. 509 of 2013 challenging the judgment dated 14th January 2013 and the order on sentence dated 15th January 2013. The prosecution case

(3.) WHEN they could not trace her, at around 12 midnight, PW -3 went to police station Kapashera and lodged a complaint (Ex.PW -3/A). The police asked PW -3 to come to the police station at around 6 am to inform them whether ,,S had been traced. While PW -3 and the police were still searching for ,,S, in the morning of 10th April 2011 ASI Dilbag Singh (PW -33) received Daily Diary (,,DD) No.16A in relation to a dead body of a minor girl aged about 2 to 3 years lying near Gupta Farm near Bijwasan Road. Meanwhile Aaisha Khatoon (PW -17), aunt of PW -3, on being informed by DSR No. 1 of 2013 & Crl. A. No. 509 of 2013 Page 2 of 38 her son Mustkeen (PW -4), picked up ,,Ss dead body which was lying on the Bijwasan Road near a farm house at about 11.40 am. PW -17 thought ,,S was still alive and brought her to the house of PW -3.