KALIMULLAH Vs. STATE

JUDGEMENT

(1.) Challenge in this appeal is a judgment dated 09.05.2013 of learned Additional Sessions Judge in Sessions Case No.56/2011 arising out of FIR No.77/11 registered at Police Station Bharat Nagar by which the appellant-Kalimullah was held guilty for committing offences punishable under Sections 302/201 IPC and Section 23 read with section 26 of Juvenile Justice (Care and Protection of Children) Act, 2000. By an order dated 30.05.2013, the appellant was sentenced to undergo Rigorous Imprisonment for life with fine Rs. 1,00,000/- under Section 302 IPC; Rigorous Imprisonment for three years with fine Rs. Rs. 2,000/- under Section 201 IPC and Rigorous Imprisonment for three years with fine Rs. 5,000/- under Section 23 read with section 26 of Juvenile Justice (Care and Protection of Children) Act, 2000. All the sentences were to operate concurrently.

(2.) Briefly stated, the prosecution case as reflected in the charge sheet was that DD No.27A came to be recorded on 16.04.2011 at 6:43 PM at Police Station Bharat Nagar to the effect that 15-20 individuals of F Block JJ Colony, Wazirpur had brought dead body of a child aged about 10-11 years, having injury marks, at Kabristaan, Kewal Park, Azadpur, Delhi. The investigation was assigned to SI Deepak Dahiya who along with Ct. Devender, ASI Durga Prashad, ASI Shashi Kumar and others reached F Block, JJ Colony, Wazirpur. From there he came to know that the body of the child had been taken to Kabristaan Kewal Park from House No. F-280, JJ Colony, Wazirpur. The investigation was taken over by PW-42 (Inspector Ashok Kumar). On inspection of the body, he noticed various injuries on it. PW-25 (Rahis Khan), present at the spot, informed that the body was brought from F Block, JJ Colony, Wazirpur for its burial by 15/20 persons. Mohd. Khalilullah (since convicted), Mohd. Moti-ur-Rehman and Chamman Ahmed were present there. On inquiry, Mohd. Khalilullah informed that the body was that of the child Moim @ Chotu who worked with his elder brother Mohd. Kalimullah (the appellant) to make bindis; he also lived there. He further informed that on 16.04.2011 at about 3.00 p.m. when he had gone to see the appellant at F-280, JJ Colony, Wazirpur, he saw the dead body of a child and brought it to the graveyard at Kewal Park. The Investigating Officer along with staff went to F-280, ground floor, JJ Colony, Wazirpur along with Mohd. Khalilullah. The crime team was called; scene of the crime was photographed; the Investigating Officer prepared the rukka (Ex.PW42/A) and lodged the FIR. Necessary proceedings were conducted at the spot; various articles lying therein were recovered. The body was sent for post-mortem examination.

(3.) During investigation, Rajav Ali, a child worker kept in the house of Shabbir Ahmad (since convicted), was recovered from there in the presence of his wife Farida. Juvenile Welfare Officer was informed; he recorded Rajav Ali's statement and after his medical examination; the child was sent to Child Welfare Committee and from there to Mukti Ashram.