ILYASUDDIN Vs. STATE

JUDGEMENT

(1.) IT is stated that human lust knows no bounds-if there is any truth in it, the present case is a glaring example of such lust. A tiny tot aged about 2 -1/2 years has not only fallen a victim of the lust of the appellant but also lost his precious life resulting in conviction of the appellant u/s 377/302 IPC in Sessions Case No.134/2008 u/s 377/302 IPC, P.S. Kapashera and sentenced to undergo imprisonment for a period of 10 years for offence punishable u/s 377 IPC and for imprisonment of life for offence punishable u/s 302 IPC and further directions not to release him before the expiry of 25 years. However, benefit of Section 428 Cr.P.C was given to him.

(2.) SUCCINCTLY stated, the case of the prosecution is as follows

(3.) IT is further the case of prosecution that crime team was called at the spot. SI Harender (PW8), In -charge, Crime team reached the spot. Photographs were taken and report Ex.PW8/A was prepared. Earth control vide Ex.PW1/D, semen vide Ex.PW1/J, blood stained pieces of floor vide Ex.PW1/F, underwear of Suraj vide Ex.PW1/E, semen along with broken pieces of floor vide Ex.PW1/K, were taken into possession. MLC of the victim Ex.PW14/A was prepared by Dr. Lalit Mohan, who declared him "brought dead". Pubic hair of accused found on the body of the victim were handed over to the police which were seized vide memo Ex. PW16/A. His post -mortem was conducted by Dr. Arvind Thergaonkar who gave his report Ex.PW 15/A. Clothes of the deceased comprising of a off -white T - shirt which was torn and had blood stains, white baniyan with blood stains were sealed. Anal swab and blood gauze were also handed over to the Investigating officer of the case who seized the same vide memo Ex.PW12/A. The accused was arrested vide memo Ex.PW1/B. His MLC Ex.PW14/B was prepared by Dr. Sanjeev. His clothes were taken into possession vide memo Ex.PW1/G. He was also medically examined for ascertaining his potency and it was opined by Dr. Ajay Kumar vide report Ex.PW 15/B that there was nothing to suggest that the accused was incapable of performing sexual intercourse. After completing investigation, charge sheet was submitted against the accused.