SATYA MURTI ALIAS SATTI Vs. STATE OF DELHI

JUDGEMENT

(1.) The appellant Satya Murti @ Satti seeks to challenge his conviction under Sections 302/377/364 IPC passed by Additional Sessions Judge, New Delhi in Sessions Case No. 92/1996 in respect of FIR No. 508/95, Police Station Kalkaji vide judgment dated 14.10.2003. The appellant also challenges the order on sentence dated 20.10.2003 whereby he has been sentenced to life imprisonment for his conviction under Section 302 IPC besides fine of Rs. 2,000/- with a default clause. He has been also sentenced to undergo rigorous imprisonment for a period of 10 years and fine of Rs. 1,000/- for his conviction under Section 377 IPC and for his conviction under Section 364 IPC he has been sentenced to undergo rigorous imprisonment for a period of 10 years and also a fine of Rs. 1,000/-.

(2.) As per the prosecution case, the appellant was living in a jhuggi in Sudhar Camp at Kalkaji, New Delhi. On 16/09/95 at about 7.30 p.m. he kidnapped one eight years old girl who was also living with her parents in a jhuggi in the Sudhar Camp. After kidnapping her the appellant took her somewhere, raped her and also had carnal intercourse against the order of nature and not only that, after ravishing her he strangulated her to death and to avoid detection of the crime came to be prosecuted for these heinous acts needs to be noticed. It all started with the lodging of a missing report by the father of the victim child. In the early hours of 17.09.1995 Ramu, the father of the unfortunate victim,(who was not examined because he had expired, as stated by the investigating officer(PW-16) in his cross-examination) went to Kalkaji police station and lodged a report that his eight years old daughter Babia was playing with children outside the house at about 8 p.m. on 16/09/95 but thereafter she had not come back and although efforts were made to search her she could not be found. He requested for police help. That missing report was entered in the daily diary register maintained at the police station as DD No. 26A(Ex.PW-ll/A). The case was entrusted to PW-13 Sub Inspector Dhiraj Singh for enquiry who then visited Sudhar Camp and contacted the complainant Ramu at his jhuggi. It appears that by that time PW-2 Kartik, who was also living in Sudhar Camp in the house of one uncle of the missing girl PW-1 T.Ramu, had on coming to know that Babia was missing informed Ramu, father of the deceased, that he had seen Satya Murti (the appellant herein) resident of jhuggi No. 59, Sudhar Camp on 16.09.1995 at about 7.45 p.m. taking away Babiya. He had also come to know that during the night some boys of the Camp had seen Satya Murti washing clothes and bathing at the public bathroom although prior to that day he had never been seen bathing and washing clothes at night. That information was passed over to Sub Inspector Dhiraj Singh. SI Dhiraj Singh became suspicious about Satya Murti and went in to his jhuggi where he was not found and then he went to his place of work and there also he was not available.

(3.) As per the further prosecution case, the uncle of the deceased PW-1 T. Ramu alongwith some persons of his Camp while searching the missing girl in the evening at about 6 p.m. on 17.09.1995 found the dead body of the missing girl lying in a gutter in the jungle area behind the Punj Sons factory in Kalkaji. Stones had been kept on the dead body to avoid its detection. The complainant was informed who reached there and identified the dead body to be that of his missing daughter. On getting that information the SHO of the area PW-16 Inspector Dharam Pal Singh also reached that place and conducted inquest proceedings. He noticed injury marks on the face, chest, back, both palms and on the temple region of the dead body. Blood was oozing out from the palms and eyes. One string(dori) was tied around the neck and there was a ligature mark also. Inspector Dharam Pal Singh filled up the inquest form Ex.PW-16/B and he also recorded the statement(Ex.PW-16/F) of the father of the deceased girl wherein he again stated about the missing of his girl since 16.09.1995 as also about the information given by Kartik that he had seen Satya Murti taking away his daughter at about 7.45 p.m. on 16.09.1995. Inspector Dharam Pal Singh then prepared a rukka(Ex.PW-16/G) and sent the same to the police station for registration of a case under Sections 364/302/201 IPC and on that basis FIR No. 508/95 was recorded at Kalkaji police station on the same day at about 7.40 p.m. From the place of recovery of the dead body the investigating officer seized one blood-stained stone and some concrete and one handkerchief which was also lying there. All seized articles were sealed.