SANJAY KUMAR Vs. STATE

JUDGEMENT

(1.) By this appeal filed under Section 374 of the Code of Criminal Procedure 1973 (hereinafter referred to as Cr.P.C), the appellant herein seeks to challenge the impugned judgment and order on sentence dated 25.11.2010 and 7.12.2010, respectively, whereby the learned Additional Sessions Judge convicted the appellant for committing an offence punishable under Section 302 Indian Penal Code, 1860 (hereinafter referred to as "IPC") and sentenced him to undergo imprisonment for life together with payment of fine of Rs. 10,000/ - and in default thereof to further undergo simple imprisonment for 6 months.

(2.) THE case in hand unfolds one of the most horrific stories wherein a minor girl who had not even seen six summers of her life, became victim of the lustful desire of her neighbour. The deceased went to a vacant plot to play with her friends and brother, where the accused lured the minor girl to accompany him, by offering to get her a samosa. The innocent girl being oblivious of the heinous and lustful intentions of the accused, readily agreed and after informing her brother, went with the accused. It was this vulnerable situation that encouraged the accused, who was already having an evil eye on her, to harm and destroy the innocent life. The accused in order to fulfil his momentary lust raped the innocent soul and the inhumanity of his conduct was further aggravated when in order to hide his sinful act, he brutally murdered her. It is inconceivable that for the gratification of one's carnal desire, a human can turn into a devil, who does not even spare an innocent child of such a tender age. It is upsetting that a human life has zilch value for a few.

(3.) TO prove its case the prosecution in all examined 19 witnesses. After the conclusion of the prosecution evidence, the accused was examined under Section 313 Cr.P.C. and in his statement he admitted the fact that he was living in a room, behind the room of the complainant, Bamboo Kumar Singh. He also admitted that Bamboo Kumar Singh use to live in a room in the house of Chetram near Ice Factory, Village Kapashera, New Delhi with his family including his six years old daughter, Babli (deceased). He also admitted that the deceased, Babli was playing with the children including her brother Vikram in a vacant plot behind her house on the evening of 25.10.2007 at about 7.00 p.m. He also admitted that on 26.10.2007 at about 4.15 p.m., some children of the locality informed the father of the deceased that a dead body of one female child was lying in a vacant plot No. 8/26/1, near Oberoi Farm, Kapashera, New Delhi.