NARENDRA Vs. STATE OF U. P.

JUDGEMENT

(1.) This appeal is against the judgment and order of the learned Sessions Judge, Ramabai Nagar dtd. 16/11/2011 whereby the appellant has been convicted under Ss. 302, 376 and 201 I.P.C. and sentenced as follows : (i) imprisonment for life as well as fine of Rs.20,000.00 under Sec. 302 I.P.C.; (ii) imprisonment for life as well as fine of Rs.20,000.00 under Sec. 376 I.P.C. and (iii) seven years RI as well as fine of Rs.5,000.00 under Sec. 201 I.P.C. All sentences to run concurrently.

(2.) Considering the nature of the offence, we deem it appropriate to mask the identity of the victim and her family therefore, wherever required they have been assigned a pseudonym or are described by their witness number. INTRODUCTORY FACTS

(3.) On 10/3/2010 at 7.20 a.m. a written report (Exb. Ka-1), scribed by VKR (not examined), signed by PW-1, the father of the victim, was submitted at police station Shivrajpur, district Kanpur Nagar giving rise to Case Crime No.84 of 2010 in respect of which, chik FIR (Ex. Ka-3) and GD entry (Ex. Ka-4) was made by PW-5. In the written report it was alleged that at 7.30 p.m. on 9/3/2010 the victim, who is aged seven years, was noticed by RK (not examined) and informant's brother (PW-2) in the company of the accused-appellant going towards the brick kiln; the victim did not return; a search for the victim was made in the night but the victim could not be found; and next day morning (i.e. 10/3/2010), at about 6.00 a.m., body of the victim has been found at the brick kiln. By expressing suspicion that the accused-appellant committed rape and murder of the victim the FIR was lodged. Pursuant to the report, at about 11.00 a.m., on 10/3/2010, inquest was conducted of which inquest report (Exb. Ka-9) was prepared by PW-7 and the body was sent for autopsy. The autopsy was conducted on 10/3/2010 itself. The autopsy report prepared by PW-3 describes the body and the injuries, etc noticed as follows: