CHANDRAKESH Vs. STATE OF U P

JUDGEMENT

(1.) THE sole accused appellant Chandrakesh has preferred this appeal against the judgment and order dated 17th March, 2005 passed by Sri C.K. Kulshrestha, the then Additional Sessions Judge, Court No. 10, Bundaun in Sessions Trial No. 246 of 2004. He has been convicted under Sections 302, 376 and 201 I.P.C. Death sentence has been passed for the offence of murder punishable under Section 302 I.P.C. For the offence of rape punishable under Section 376 I.P.C. he has been sentenced to life imprisonment and a fine of Rs. 10,000/ -. In default of payment of fine, further imprisonment of one year has been awarded. Seven years' rigorous imprisonment has been awarded for the offence punishable under Section 201 I.P.C. A sentence of payment of fine of Rs. 5,000/ -has also been passed for the said offence. In default of payment of fine, six months' further imprisonment has to be undergone by him. All the sentences are to run concurrently.

(2.) THE unfortunate victim was a girl named Manju aged about 8 years, daughter of Mahipal, PW 1. The incident occurred on 1 -2 -2004 at about 5 p.m. in a field situated in village Majhaula, P.S. Dhanari, District Budaun and the written F.I.R. was lodged by victim's father.

(3.) THE accused had thus forcibly committed rape on Manju and then committed her murder. The written F.I.R. got scribed from Mohan Lal was lodged by the informant Mahipal (father of Manju) at the Police Station on 2 -2 -2004 at 1.45 p.m. on the basis of which a case was registered and investigation taken up by Narendra Singh SSI PW 5, S.O. of Police Station Dhanari. He prepared inquest report of the dead -body of the deceased with other related papers. The dead -body after being sealed was sent for post -mortem which was conducted on 3 -2 -2004 at 3.30 p.m. by Dr. D.V. Shaky a PW 3. The deceased was aged about 8 years and about two days had passed since she died. The following ante -mortem injuries were found on her person: