SANJAY Vs. STATE OF DELHI

JUDGEMENT

(1.) Criminal Appeal No.691 of 2001 seeks to challenge the judgment and order of the Additional Sessions Judge in Sessions Case No.55 of 1999 arising out of FIR No.249/1999, Police Station Malviya Nagar, New Delhi dated 20.07.2001 whereby the learned judge has held the appellant guilty for offence under Sections 302/366/376 IPC and further by his order dated 21.07.2001 has sentenced the appellant under Section 302 IPC to undergo imprisonment for life and to pay a fine of Rs.100/- in default to suffer rigorous imprisonment for seven days; under Section 366 IPC to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.100/- in default to suffer rigorous imprisonment for seven days and under Section 376 IPC to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.100/- in default to suffer rigorous imprisonment for seven days. All the sentences were directed to run concurrently. Benefit under Section 428 Cr.P.C. was given to him.

(2.) Brief facts of the case as has been noted by Additional Sessions Judge are as under :-

(3.) Prosecution in order to establish its case examined as many as fifteen witnesses. Of these, Dr. Sunil Sharma, PW-1 has proved the MLC Ex. PW1/1 of the accused Sanjay. He has deposed to the effect that he has examined the accused who is 24 years of age with the history of being involved in a rape case and murder of a seven year old girl. On examination, he found accused Sanjay capable to performing sexual intercourse. His report is Ex. PW1/1. PW-1, Rattan Lal, the complainant, has deposed to the effect that Meenakshi @ Mona was his daughter. That accused Sanjay is the son of his elder brother. That on 26.04.1999, Mona, aged 7 years, was playing outside. She did not return home at about 6:30 pm. On this, the witness went to Police Station Malviya Nagar and lodged a missing report. On the following day, that is, on 27.04.1999, Dinesh informed him that he had seen Mona with accused near community centre at about 6:45/7:00 pm. This fact was also made known to the police at Malviya Nagar. The witness goes on to say that on 27.04.1999, the police arrested Sanjay in his presence and personal search was taken. Its memo is Ex. PW 4/1. The accused made a disclosure to the effect that on 26.04.1999, he had taken Mona to the mazaar of Jahanpanah Peer Baba at Madangir Road where he committed rape upon her and thereafter killed her. The statement was recorded as Ex. PW 4/2. Thereafter, accused led the police party, of which this witness was one of the members, to the jungle near the mazaar at Madangir Road and got recovered the dead body of Mona from a pit. The body was photographed and taken into possession vide a memo Ex. PW 4/3. Two stones and a pair of chappals were also taken into possession and sealed in a pulanda. They are Ex. PW 4/4. The body of the deceased was identified by this witness vide his statement Ex. PW2/3. PW-3, Dinesh Raj Yadav states that he is a tenant in respect of one of the rooms in House No.716, Chirag Delhi, New Delhi, belonging to Hem Raj. That on 26.04.1999 at about 6:45/7:00 pm he was coming back to his house from his office and saw Mona, daughter of Rattan Lal, along with accused Sanjay near the community centre, Chirag Delhi. He talked to Mona who told him that she was going along with her brother. The witness goes on to say that on the following morning he came to know that Mona had not come home and informed Rattan Lal of having seen Mona along with accused Sanjay on 26.04.1999 near the community centre. The witness was extensively cross-examined but no meaningful contradiction could be elicited. He stuck to his version in chief. PW-4, Mahesh Kumar, deposed to the effect that Rattan Lal was searching for his daughter on 26.04.1999 and thereafter lodged a report. He also stated the fact that the accused was arrested on 27.04.1999 and that the accused made a disclosure statement pursuant whereto he got the dead body recovered. PW-5 is Constable Chander Mohan who remained with the dead body and received the clothes worn by the deceased from the doctor. PW-6 is Constable Girish Kumar who accompanied the accused to the hospital and had him medically examined. After the examination of the accused, he was handed over three sealed pulandas by the doctor which are Ex. PW 5/2. PW-8 Constable Kiran Pal Singh had taken the sealed pulandas from the moharar Head Constable, Malkhana and deposited them with the office of the CFSL. Head Constable Om Prakash, PW-9, deposed to the effect that he had received the sealed pulandas and made an entry in registry No.19 being moharar Head Constable. PW-10, Head Constable Dalbir Singh had recorded missing person's report in DD No.72 Ex. PW 2/2. PW-12, S.I. Vijay Pal Dahiya is the Investigating Officer while PW-15 is Dr. S.K. Gupta who conducted the postmortem examination on the dead body.