SUNIYA Vs. STATE OF UP

JUDGEMENT

(1.) Hon'ble Imtiyaz Murtaza, J.-Impugned herein is the judgement and order dated 12.12.2007 passed byAddl. Sessions Judge/Fast Track Court-I/Special Judge S.C./S.T. (Prevention of Atrocities) Act, Hathras in Sessions Trial No. 479 of 2005 whereby the appellant has been convicted under section 3761.P.C. and sentenced to rigorous imprisonment for life, again under section 3021.P.C. and on this count he has been sentenced to death. The appellant has again been convicted under section 3(1)(XII) of S.C./S.T. Act and sentenced to imprisonment for five years and fine of Rs. 2000/-. He has been further convicted under section 3(2)(5) of S.C./S.T. Act and sentenced to undergo imprisonment for life and a fine of Rs. 5000/- with default stipulation to undergo two months and five months imprisonment respectively.

(2.) The F.I.R has its genesis in the report scribed by Mahendra Singh, complainant, a native of village Garh Umrao which lies within the circle of P.S. Sadabad District Mathura. The victim Nirmesh/Lalitesh is the daughter of the complainant. At the relevant time, she was stated to be aged three and half years. Draped in brevity, the prosecution case is that on 6.2.2004, while Nirmesh/ Lalitesh was playing outside her house, she suddenly disappeared. Upon her disappearance, she was searched for in every nook and corner. While the search was still going on, Kishan Singh and Shanker informed complainant that they had seen Nirmesh/Lalitesh in the company of Surendra Singh and Suniya (Jat by caste) who were on way to the house of one of them (Suniya) upon which they searched for his daughter in and around the house of Suniya but she was nowhere traceable nor were the afore-stated persons found present there. On 7.2.2004, he was apprised by Bhajan Lal, and Rakesh that while they were on way to open area outside the village (called jungle) for easing themselves, they had seen the accused persons carrying a plastic sack and thereafter keeping the said sack in the Kothari (Small room) situated in the plot of Sukhram Jat. Healong-with others immediately proceeded to the indicated place where he found the body of his daughter stuffed in the sack which was kept on the roof of the Kothari. When the sack was opened, he found clotted blood which had oozed out of private part of her body. Her neck also bore signs of injury. It is lastly alleged that the accused persons had raped her daughter and subsequently strangulated her to death.

(3.) The written report was handed out at the police station on 7.2.2004 by the complainant and immediately, the report was lodged at 8.30 a.m at RS. Sadabad. After registration of the case, investigation was taken over by Sri Fakir Chand Azad, Dy. Supdt of Police. The Investigating officer upon commencement of investigation, recorded the statement of Mahendra Singh, Smt. Rekha and inspected the place of occurrence and prepared the inquest report. He also collected blood stained clothes and prepared the site plan. The site plan of the place where inquest on dead body was conducted was marked as Ext Ka-10. He had also prepared the site plan of the place of commission of rape, which was marked as Ext. Ka-11. He also collected one cotton Dari, one quilt, two cotton Khesh with blood stains. He prepared the recovery memo, which was marked as Ext. Ka-12. After the arrest of Surendra and Suniya, their statements were recorded. On the pointing out of Suniya, one Angauchcha and underwear of Suniya which were blood stained were recovered and sealed and recovery memo, Ext. Ka-13 was prepared. He had also recorded the statements of witnesses Mahendra Singh and Rakesh and prepared the site plan of the place from where Angauchcha and underwear of Suniya were recovered, which was marked as Ext. Ka-14. He prepared the site plan of the place where the dead body was kept, and the same was marked as Ext. Ka-15. After tue conclusion of the investigation, charge- sheet was submitted against Surendra Singh and Suniya under sections 376, 302 I.P.C. and 3(1)(12) of S.C.S.T. Act, which was marked as Ext. Ka. -16.