MANISH Vs. STATE OF NCT DELHI

JUDGEMENT

(1.) THE appellant was, by impugned judgment dated 24. 3. 2006, convicted under Sections 363/376/302 IPC and sentenced under different head of charges vide order dated 1. 4. 2006 as under: (i) Under Section 363 IPC - 5 Years RI (ii) Under Section 376 IPC - 7 Years RI (iii) Under Section 302 IPC - Imprisonment for life. All the above sentences are to run concurrently.

(2.) THE appellant is in appeal against the aforesaid judgment of conviction and order of sentence.

(3.) THE prosecution case unfolds that on the intervening night of 15th and 16th of July, 2000, Jagdish, PW-1 (complainant), his wife and two daughters, namely, Pinki, aged about 17 years and Asha, aged about 5 years, were sleeping outside their Jhuggi situate in the field of one Bhoop Singh at Thokar No. 10, Yamuna Khadar, Delhi. The complainant's younger daughter Asha was sleeping on a cot with her mother. Jagdish, PW-1, woke up at about 3/3. 30 a. m. when it had started raining. He noticed his daughter Asha missing from her cot. He, as also the mother and elder sister, Pinki, of missing girl, tried to locate her, but failed. Jagdish, PW-1, eventually on 16th July, 2000 at about 1. 10 p. m. lodged a missing report in respect of Asha with the police station concerned. Later, on the same day, at about 6. 00 p. m. , Jagdish, PW-1, came to know that the dead body of a girl child was lying in a nearby nursery, which turned out to be that of Asha. On an information in that regard, a DD entry No. 15-A dated 16. 7. 2000 was recorded at Police Station Shakar Pur. A copy of that DD report was assigned to SI Suraj Pal for necessary action. Thereupon, SI Suraj Pal, accompanied by Insp. Dharam Pal Singh, SHO and some other police officials reached the place where dead body of Asha was lying. SI Suraj Pal recorded the statement of Jagdish, father of the deceased there and sent the same with his endorsement thereon for registration of an FIR under Sections 302/201/376 IPC as from the condition of dead body she was suspected to have been raped before being done to death. Accordingly, a case FIR No. 289 of 2000 under Sections 302/201/371 IPC was registered at Police Station Shakar Pur, Delhi. From the spot, a pair of HAWAI CHAPPAL was taken into possession by the police. The dead body of Asha was found lying naked with her KACHHI placed over her face. In the course of investigation, a number of persons, including the appellant and his co-accused Suresh were interrogated. The investigation culminated into arrest of the appellant and his friend Suresh on 24th of July, 2000.