ASHOK Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS Capital Appeal has been filed against a judgement and order dated 24.12.2012 passed by the Additional Sessions Judge (SC and ST Act), Bareilly convicting and sentencing the appellant to life imprisonment under section 376 IPC, seven years R.I. under section 201 IPC and a fine of Rs. 25,000/ -, life imprisonment under section 3(2)5 of SC and ST Act and a fine of Rs. 25,000/ -. In case of default in payment of fine, the appellant was to undergo further imprisonment of one year under section 376 IPC, six months under section 201 IPC and six months under section 3(2)5 of SC and ST Act. The appellant was also awarded death sentence under section 302 IPC. A Criminal Reference under section 366(1) of the Code of Criminal Procedure has been sent by the learned Sessions Judge for confirmation of the death sentence.

(2.) IN short, the prosecution case was that on 27.5.2009, at 9.00 AM, the deceased Km. Meera Devi, aged 10 years had gone to the pasture for grazing her goats. Her cousin Vivesh, aged 6 years had also gone along with her. As Km. Meera Devi became thirsty, they had gone to the tube well of Munish Pal at about 10.00 AM, which was operated by the appellant Ashok, for drinking water. With an evil intent Ashok forcibly caught hold of Meera and took her into the Kothri (room) adjoining the tube well and committed rape on her and thereafter he murdered her. There were injuries on her private parts. Ashok thereafter hid the dead body in a haystack in that room. When Vivesh returned home at about 11.00 a.m., without Meera, then the informant Heera Lal, the father of the deceased enquired from Vivesh about the whereabouts of Meera Devi. Vivesh told him that Meera had gone to the tube well to drink water and after that he did not know where she had gone. After this, the informant proceeded to the tube well and enquired from Ashok about Meera, who gave evasive replies. Then he searched in the room at the tube well and found her dead body under the haystack. Finding an opportunity, Ashok gave the informant and witnesses a slip and ran away from the spot. The informant thereafter proceeded to the police station Bhuta, which was 21 Kms away, where he lodged the report on 27.5.09 at 2 pm.

(3.) ON internal examination, the doctors found that the brain, larynx, both lungs were congested with fracture of both the cartilages of the larynx. Right side of the heart was full and left was empty. There was 100 gms of semi digested food in the stomach. Small intestine was filled with gas and fluid whereas the large intestine contained gas and faecal matter. The gall bladder was congested. The Spleen which weighed 70 gms was congested. Kidneys weighed 180 gms and both were congested.