STATE Vs. NARESH KUMAR ALIAS CHUTTAN

JUDGEMENT

(1.) By Criminal Appeal No. 505 of 1998, Naresh Kumar, Appellant seeks to challenge the judgment and order of the learned Addtional Sessions Judge in Sessions Case No.11 of 1996, arising out of FIR No. 320/94, Police Station, Seelampur, under Sections 363/376/302/201 Indian Penal Code dated 30th October, 1998, whereby the learned Judge has held the appellant guilty for the commission of offences under Sections 363, 376 and 302 Indian Penal Code and, cosequently, order dated 2nd November, 1998, whereby further sentence the appellant as follows:

(2.) Murder Reference 5 of 1998 is for confirmation of sentence of death awarded by the learned Additional Sessions Judge by his order dated 2nd November, 1998. We propose to dispose off the Criminal Appeal as also the Murder Reference by this judgment.

(3.) The case put up by the prosecution briefly is that on 16th May, 1995, Savita, ages about 6 years, daughter of Cheddi Lal, went to visit her uncle, Kamlesh Chand Gupta, residing at A- 106, Shastri Park, accompanied by her grand-mother. Savita is stated to have gone to play with some neighbourhood children and at about 6.30 p.m. could not traced. Kamlesh Chand Gupta and other members of the family went out in search of her. At about 9.30 p.m. on 16th May, 1995, Kamlesh Chand Gupta made a missing person report in the police post, Shastri Park, which was recorded in Daily Diary at Entry No. 20.