MOHD CHAMAN Vs. STATE

JUDGEMENT

(1.) In Sessions case No. 134/96, State v. Mohd. Chaman, the Additional Sessions Judge, Shahdara, Delhi. Shri S.L. Bhavana, has convicted Mohd. Chaman (hereinafter called 'the accused'), under Sections 376 and 302 of the Indian Penal Code. The sentence awarded are death penalty and fine of rupees five hundred under Section 302 and life imprisonment and fine of rupees one hundred under Section 376.

(2.) Since death penalty was awarded, a reference has been made by the concerned Sessions Judge for confirmation thereof. It has been registered as Murder Ref. No. 5/97. On the other hand, the accused has filed Criminal Appeal No. 305/97 against the aforesaid conviction and sentence. The murder reference and the criminal appeal are being decided by this common judgment and order.

(3.) The charge against the accused was that on 10.4.1995 around 7.45 p.m. at House No. 5416/6 Gali No. 4, Shakti Gali, Amar Mohalla, Raghupura, Gandhi Nagar within the jurisdiction of police station Gandhi Nagar, he committed rape on the person of Kumari Ritu, aged one and half years and also committed her murder.