BHANU YADAV Vs. STATE OF U P

JUDGEMENT

(1.) PRESENT appeal has been preferred by the appellant assailing the judgment and order of the court below dated 13.6.2014 rendered by Special Judge (SC/ST) Act Barabanki in Sessions trial No 720 of 2012 whereby the appellant has been convicted under section 376 (2) (f) IPC and sentenced to undergo imprisonment for life attended with sentence of fine quantified at Rs 5000/ - followed by conviction under section 201 IPC and sentence to undergo RI for five years attended with a fine of Rs 5000/ -. The appellant has further been convicted for offences under section 3 (2) (V) of the SC/ST Act and sentenced to undergo imprisonment for life attended with a fine of Rs 5000/ -. The appellant has lastly been convicted for offence under section 302 IPC and awarded capital punishment of death.

(2.) IN the instant case, prosecution was launched against the accused -appellant on account of rape with murder of a girl aged 7 years in village Mamapur within the circle of PS Deva District Barabanki. The complainant of the case is one Ram Milan, the father of the deceased. The incident is said to have taken place in the intervening night of 18/19.6.2012. The FIR of the case was registered at police station Deva on 19.6.2012 at 6.30 am by the complainant with the allegations that in the intervening night, his two daughters namely Km. Anshu aged 7 years, Km. Rupa aged 13 years and his son Krishnanand aged 10 years were asleep on one bed while on another bed, his wife Smt. Meena and his another son Divyanshu aged 5 years were asleep. On the third cot, the complainant himself and his brother in law namely, Shiv Karan were asleep. In the morning, when he woke up, he found his daughter Km. Anshu missing from the bed. Immediately, search was embarked upon and while he and his wife were searching for the missing daughter, his another daughter namely, Km Rupa broke the information that the body of Km. Anshu was lying in front of the house of Lala which was in ruins. They rushed to the place and found Km Anshu stripped of all cloths and her under garment was lying at a distance in the run down house. The blood was also found spilled on the ground. He further mentioned that it seemed that his daughter had first been raped and thereafter done to death. It was also mentioned that her face had various bruise marks. He also mentioned that he suspected that it was Bhanu Yadav of the village who had committed rape and then murdered the deceased. Consequent upon receipt of written report, a case under section 376,302, 201 IPC and section 3 (2) (v) SC/ST Act was registered.

(3.) AFTER registration of the case at the police station, it being a case relating to scheduled caste, the investigation was taken up by the Dy S.P. who visited the place of occurrence and to begin with, the investigating officer conducted inquest on the dead body. On the same day, assistance of dog squad was sought. During investigation, complicity of appellant Bhanu Yadav transpired. After completion of investigation, the charge sheet was submitted in court. The case was committed to the sessions by the Chief Judicial Magistrate on 25.8.2012.