SALEEM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Jyant Kumar, learned Amicus Curiae for the appellant, Shri Patanjali Mishra, learned A.G.A.-I for the State.

(2.) This appeal arises from the judgment and order dtd. 31/1/2014 passed by Shri Nalin Kant Tyagi, learned Additional District and Sessions Judge, Court No. 11, Ghaziabad in Sessions Trial No. 1184 of 2009 (State Vs. Saleem) in Case Crime No. 106 of 2009, under Ss. 376, 302, 201 I.P.C., Police Station Niwadi, District Ghaziabad, whereby the accused-appellant has been convicted and sentenced under Sec. 376 I.P.C. to undergo ten years rigorous imprisonment along with fine of Rs.5,000.00 and under Sec. 302 I.P.C. to undergo life imprisonment along with fine of Rs.5,000.00. In default in payment of fine of Rs.10,000.00 to further undergo additional imprisonment of six months. The appellant has been acquitted from the charges under Sec. 201 I.P.C.

(3.) The F.I.R. emerges on a written report dtd. 25/4/2009 (Ex.Ka.-1) submitted by Riyaz (P.W.1 at the trial). The written report was written by the scribe Shaharyar (not examined at the trial) and was submitted to the Station House Officer of Police Station Newadi, District Ghaziabad. On that written report the First Information Report (Ex.Ka.-11) was registered on the same day as Case Crime No. 106 of 2009, under Ss. 376, 302, 201 I.P.C., Police Station Niwadi, District Ghaziabad. According to the F.I.R., the minor grand daughter of the first informant- Riyaz (P.W.1) namely 'X', who was aged about 09 years, went missing on 22/4/2009. According to the first informant, his grandson Javed (who was examined as P.W.2 at the trial), informed Riyaz on 24/4/2009 that he had seen 'X" with the present appellant, and that two were riding in a buggy. According to the F.I.R. narration, upon inquiry made the appellant did not give any correct answer and the appellant along with his family members disappeared from the village. On further search being made for 'X', her dead body was discovered in the agricultural fields of Naresh and Premveer. At that time, the undergarment and trouser worn by the 'X' were found lying near her dead body, giving rise to further suspicion that rape had been committed upon her. On such F.I.R. being registered on 25/4/2009 itself, the Panchayatnama was recorded on 25/4/2009 (Ex.Ka.-3). Thereupon, autopsy was conducted by Dr. D. K. Jain on 25/4/2009. In that, following ante mortem injuries were found on the person of the deceased: