KARAN SINGH Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by Karan Singh. He has been sentenced to death under Section 302, I. P.C. He has also been convicted under Sub -section 366, 376 and 394, I. P.C. and on each of these counts has been sentenced to five years' R. I.

(2.) THE case for the prosecution is that on the 4th of January, 1963 in the afternoon at about 4 -30 or 5 P. M. the appellant enticed away Km. Indra a minor girl of five years of age, daughter of Dalua (P. W. 1) from the sugarcane crushing machine or kolhu in village Sabdalpur, police station Siana, in the district of Bulandshahr. Dalua, father of the girl Indra, had taken a contract of feeding fuel in the bhatti on which the sugarcane juice was being heated. He was doing this work with the help of his elder daughter Smt. Barfi (P. W. 6) aged about 18 years. On the date of the incident in the evening Dalua went home to do some work there and left Smt. Bar in charge of the bhatti along with Reoti's son aged about 8 years and the girl Km. Indra aged about 5 years. When the children were playing there, the accused Karan Singh who used to come to that place off and on, induced Reoti and Km. Indra to accompany him to the village on the pretext that he would give them groundnuts. Both the children accompanied the accused. The accused Karan Singh went to the shop of Daulat (P. W. 7). There he purchased some groundnuts and gave them to the children. Thereafter, he asked Reoti to go away home and proceeded towards the north, out of the village with the girl Km. Indra. While the accused was going out of the village, he was seen by Nanak (P. W. 8) who was returning after easing himself.

(3.) LEARNED Counsel appearing for the appellant before us has contended that the oral evidence relied upon by the learned Sessions Judge was not at all reliable. There were contradictions and unnatural statements and therefore the conviction of the appellant could not be maintained. On the other hand, it has been contended by the learned Government Adevocate that the oral evidence is quite reliable, He has also contended that the recoveries of the hansli and the blood -stained dhoti are also incriminating circumstances which cannot be lost sight of and must be relied upon.