MAQSOOD Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment and order dated 08.4.1999 passed by the Additional Sessions Judge, Jalaun at Orai whereby the appellant Maqsood has been convicted for offence under sections 302, 376 and 201 read with sections 302/376 IPC and has been sentenced to undergo ten years RI for offence under section 376 IPC, life imprisonment for offence under section 302 IPC and five years RI for offence under section 201 read with section 302/376 IPC. However, all the sentences were directed to run concurrently.

(2.) As per prosecution version, as it has come forth in the FIR lodged by Jameel Ahmad, the father of the deceased-victim, Km. Rukhsar is that on 10.11.1996 his daughter Km. Rukhsar aged about seven years left the house at 8.30 in the evening for purchase of crackers. When she did not return till 9.00 PM that he went out in search of his daughter. During the course of search, the witness, Sadiq informed that Rukhsar was seen in the company of Maqsood, appellant. While he was going back to his house that the witnesses, Chunna and Kabir Ansari again informed that Rukhsar was seen by them, being taken by Maqsood by way of Dhansu Dhobi lane. Despite the intensive search, neither Rukhsar nor Maqsood could be detected. On the next day morning while the search for Rukhsar was repeated by the complainant along with his associates that Maqsood was seen coming from the side of Badimata. He was apprehended by the complainant and villagers making search for Rukhsar. While Maqsood, the appellant was interrogated about the whereabouts of Rukhsar and was threatened of being handed over to the police, that he confessed that he took away Rukhsar with him to the field of Hardas where at about 10.30 in the night, he committed rape with Rukhsar and while she fell unconscious, he strangulated her to death and throw the dead body to the Nala of the pond. The appellant is also said to have pointed out the dead body, which was seen by the complainant and the witnesses.

(3.) The complainant, Jameel Ahmad got scribed written report Exhibit Ka-1 and lodged the same at police station, Konch. The Investigating Officer visited the spot and conducted inquest proceedings of the dead body of Rukhsar and sent the cadaver for post-mortem. After investigation, a charge sheet was submitted against the appellant for the offences under sections 376, 302 and 201 IPC for which the accused faced trial and was convicted in the manner described above.