TUFAIL ANSARI Vs. STATE OF U.P.

JUDGEMENT

(1.) We have heard Sri V.M. Zaidi, learned counsel for the appellant and Sri Akhilesh Singh, learned Government Advocate, assisted by Sri Rajiv Gupta, learned A.G.A for the State.

(2.) This capital appeal arises from the judgement of the District and Sessions Judge, Kushi Nagar dated 6.2.2014, convicting and sentencing the appellant Tufail Ansari to death under section 302/34 I.P.C and fine of Rs. 20,000/. Under section 376 I.P.C, the appellant was convicted to ten years RI and awarded a fine of Rs. 20,000/ and under section 201 I.P.C, the appellant was convicted to seven years RI and fine of Rs. 10,000/. For not depositing the fine under section 302 I.P.C, the appellant has to undergo further simple imprisonment for five years. Likewise, in default of payment of fine, under section 376 IPC, the appellant has to undergo five years SI and in default of fine under section 201 IPC, he has to undergo two years simple imprisonment.

(3.) The prosecution case as disclosed in the FIR, lodged by informant Ramesh Kumar Jaiswal, father of the seven year old deceased girl child Anshu was that on 12.1.2010 at about 3.00 p.m, the appellant Tufail Ansari enticed away the deceased on his motorcycle. When the informant visited Tufail's house, then Tufail and his father stated that they did not know the whereabouts of the girl and chased him away. After that the informant and others kept searching for Anshu. Then Suresh Kumar Jaiswal, resident of village Pipra Jarampur met them and informed them that he had seen the deceased girl with the appellant on the 'Kachcha' road to the north of the Veterinary Hospital in front of the 'brick-kiln' going along in the direction of the bushes. The informant also claimed to have knowledge that his daughter had been murdered by Tufail Ansari. Ramesh Kumar Jaiswal, the informant, resident of Hydel Colony Kuberasthan lodged this report on 12.1.2010 at P.S. Kuberasthan at 9.15 p.m. Constable Munna Singh registered the FIR, under section 302/201 I.P.C and prepared the check FIR, and made the necessary G.D entry. PW-6 SI Jeet Narain Singh, who was present at the police station made the necessary entries in the case diary and recorded the statements of the informant and scribe etc and identified the documents prepared by constable Moharrir Munna Singh.