SHAHID Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been filed by the appellant against the judgment and order dtd. 20/12/2023 passed by the learned Special Judge (POCSO Act)/ Additional Sessions Judge, Farrukhabad in Special Session Trial No. 921 of 2023 (State Vs. Shahid) arising out of Crime No. 179 of 2023, under Sec. 302, 201, 376DB IPC and Sec. 5/6 Protection of Children From Sexual Offences Act, Police Station Kampil, District Farrukhabad, whereby appellant Shahid has been convicted and sentenced under Sec. 302 IPC with death sentence and fine of Rs.1,00,000.00, in default six month rigorous imprisonment; under Sec. 201 IPC for a period of three years rigorous imprisonment and fine Rs.20,000.00, in default three months rigorous imprisonment and under Sec. 5/6 POCSO Act with death sentence and fine of Rs.1,00,000.00, in default six months rigorous imprisonment.

(2.) The learned trial court has also made reference to this Court for confirmation of death sentence.

(3.) The prosecution case in brief is that on 12/9/2023 at about 9 a.m. the victim aged about 4 years went missing from outside her house while she was playing there. Members of her family searched for her but could not find her out. At about 6 p.m. Nawab Alam resident of same village told the informant/ Abdul Haq that at about 10 a.m. he saw the victim following Shahid and his friend Daren heading towards poultry farm. On this information, the informant alongwith Sakib, Nurul Haq along with other persons proceeded towards poultry farm of Shahid and tried to search her out, however they found the deformed dead body of the victim/deceased, lying 100- 150 metres away from poultry farm. The informant then lodged an F.I.R. by giving written tehrir on 12/13/9/2023 at 1.01 a.m. in the police station concerned which was registered as Crime No. 179 of 2023 under Sec. 376DB, 302, 201 IPC and 5/6 POCSO Act.