ANIL THAKUR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This appeal by, Anil Thakur, is directed against the impugned judgment dated 31st October 2015 passed by the learned Additional Sessions Judge (Special Fast Track Court), East, North East and Shahdara Districts, Karkardooma Courts, Delhi in Sessions Case No.95/13 arising out of FIR No.425/09 dated 26th November 2009, registered at Police Station („PS?) Shahdara, convicting him of the offences under Sections 376/302/201 Indian Penal Code („IPC?) and the order on sentence dated 26 th November 2015 whereby the Appellant was sentenced to undergo

(2.) At the outset, it requires to be noticed that along with the Appellant - who was Accused No. 1 (A-1) - there were three other co-accused, i.e. Avdesh Pandey (A-2), Mahesh (A-3) and Zulfikar @ Bhondu (A-4). However, A-2 to A-4 were acquitted by the same judgment of the learned ASJ for the aforementioned offences, i.e. under Sections 302/201/34 IPC as well as the offence under Section 376 (ii) (g) IPC. The case of the prosecution.

(3.) On 25th October 2009, information was received at the Police Control Room („PCR?) at about 1.10 pm that a dead body was seen lying in a ganda nala at 1/4793, Balbir Nagar Extension, Street No.10 and this information was reduced in writing as DD No.20A. The said DD was assigned to Assistant Sub-Inspector S.P. Singh (PW-31) who then reached the spot along with Constable Narain Singh and found the dead body of a female aged 20-22 years. Inspector Ombir Singh (PW-36), who was posted at PS Shahdara as Inspector (Investigation) also reached the spot. According to PW-31, he learnt that the dead body was of Dolly (deceased), the daughter of Mahesh Chand (PW-1) who was a resident of Pilanji Village, Sarojini Nagar. A missing person report had already been lodged in respect of the deceased. The crime team was called to the spot and photographs of the dead body were taken. Upon search of the dead body with the help of lady police, three rings of silver, one ring of iron, one ear top, cash amounting to Rs. 85, and one DTC ticket of Rs. 5 were seized (Ex.PW-23/A). The dead body was sent to Guru Tegh Bahadur („GTB?) Hospital for preservation.