RAJU Vs. STATE (GOVT.OF NCT) OF DELHI

JUDGEMENT

(1.) Aggrieved by a judgment dated 05.10.2012 of learned Addl. Sessions Judge in Sessions Case No.156/2011 arising out of FIR No.134/2011 PS Adarsh Nagar whereby the appellant - Raju was held guilty for commission of the offences punishable under Sections 302/377 IPC, he has preferred the instant appeal. By an order dated 20.10.2012, the appellant was sentenced to undergo imprisonment for life with fine Rs. 1 lac under Sec. 302 Penal Code and RI for ten years with fine Rs. 10,000.00 under Sec. 377 IPC. The sentences were to operate consecutively.

(2.) Briefly stated, the prosecution case as set up in the charge-sheet was that on 23.05.2011 at an open field, Delhi Jal Board, near road No.51, Azadpur, the appellant committed murder of a boy Sohan aged around ten years after committing carnal intercourse.

(3.) On 24.05.2011 at around 11.26 a.m. Daily Diary (DD) No.10A (Ex.PW-5/A) came to be recorded at PS Adarsh Nagar, Delhi, conveying information about dead body of a child aged around 8 / 10 years lying at the spot. The investigation was assigned to SI Chander Bhan who along with Const.Pradeep went to the spot. Efforts were made to identify the body but its identity could not be established. Crime team and photographer were summoned at the spot. SI Chander Bhan prepared rukka (Ex.PW-16/A) and lodged the FIR. The investigation was taken over by PW-18 (Insp.Binod Kumar Singh). Statement of the witnesses conversant with the facts were recorded. Umesh Mukhiya, Chowkidar, informed the Investigating Officer that he had seen the child Sohan in the company of the appellant Raju on 205.2011 at around 08.30 p.m. Efforts were made to find him out, however, he was not traceable.