LAWS(ALL)-2008-4-86

ADIL Vs. STATE OF U P

Decided On April 19, 2008
ADIL Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) BY means of these appeals, preferred under section 374 (2) of the Code of Criminal Procedure (in short 'the Cr. P. C. '), the appellants Adil, Irfan and Abdul Tahir (herein-after to be referred as 'the accused')have challenged the judgment and order dated 24. 01. 2007 passed in S. T. No. 84 of 2001 (State vs. Abdul Tahir and others) by Sri D. K. Nelwal, the then Additional Session Judge, Court No. 8, Meerut, who convicted and sentenced the appellants to death sentence under section 302/34igoous imprisonment for seven years under section 376/511 of Indian Penal Code (in short' the IPC ).

(2.) CAPITAL sentence reference in terms of section 366 Cr. P. C. has been sent by the Trial Court for confirmation of death sentence.

(3.) ONE Rizwana (herein-after referred to as 'the victim'), who had not even seen eleven summers in her life, lost her life on account of homicidal death, which is said to have been caused by the appellants-accused after making attempt to commit rape on her. When the victim went away from the tea stall after giving food to her father and brother on 13. 09. 2000, they would have never thought in their wildest dreams that she would not reach home and would fall victim to the barbaric and inhuman acts of some anti-social elements.