NAZIL Vs. STATE OF U.P.

JUDGEMENT

(1.) The appellant Nazil son of Nazim has been convicted by the court of Additional Sessions Judge, Fast Track Court (Crime against Women) /Special Judge, Protection of Children from Sexual Offences Act (Pocso Act), Rampur for offences punishable under Ss. 363, 376-AB, 302 Indian Penal Code (IPC) and Section 6 of the Pocso Act, vide judgment dtd. 13/12/2019 passed in Special Case No.351 of 2019; and, by order dtd. 18.12.2019, has been awarded following punishment:

(2.) (i) On 08/05/2019, at about 14.29 hours, a missing report (Ex. Ka-1) was lodged by Sharif Khan (PW-1), which was registered as Case Crime No.367 of 2019 at P.S. Civil Lines, District Rampur (Ex. Ka-6), wherein it was alleged that his daughter Zoya (the deceased), aged 6 years, on 07/05/2019, at 12.30 hours, wearing Firozi (dark blue) coloured knickers, had gone from her house to fetch curd but did not return and, despite hectic search, could not be found.

(3.) The trial court, after considering the evidence brought on record, concluded that from the testimony of PW-1 and PW-2 it is proved that, the victim Zoya, aged 6 years, was to go with her elder sister (PW-2) to fetch curd in between 12.15 and 12.30 hrs of 07/05/2019. But, she did not go with her sister, rather her sister went alone and the victim sat with the appellant on an E-Rickshaw parked outside her house; that, the appellant and informant party are neighbours and knew each other therefore, there was no reason to be suspicious about the appellant; that, on that day, there was a fire in the colony hence there was lot of commotion and confusion; that, when victim's elder sister (PW-2) was returning, after getting curd, she saw the appellant and the deceased moving together towards Tashka Talaab; that, PW-3 also saw them together as seen by PW-2; that, thereafter, about an hour later, the appellant was seen returning alone and when he was asked about Zoya, he gave no clear reply; that, Zoya was not seen alive thereafter; that, her body was found on 22/06/2019; that, the autopsy report disclosed fracture of skull, suggesting a case of homicide; that, on arrest the appellant confessed his guilt; that, on his disclosure statement, there was recovery of hair and oil bottle from the spot which, when read with forensic evidence, confirms appellant's presence at the scene of crime thereby, completing the chain of circumstances and, in absence of plausible explanation from the appellant, pointed towards his guilt of having committed the offences for which he had been charged by ruling out all other exculpatory hypothesis. The trial court thus, convicted the appellant as above and upon finding that it was a case where a minor girl, aged 6 years, was raped and murdered, awarded death sentence. As a death sentence requires confirmation by the High Court, a reference has been made to the High Court, which has been registered as Reference No.1 of 2020.