GYAN CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) Present jail appeal has been preferred by accused-appellant Gyan Chandra against judgment and order dated 23.5.2001 passed by XIth Additional Sessions Judge, Meerut in Session Trial No. 237 of 1999 arising out of Case Crime No. 666 of 1998 (State of U.P. Vs. Gyan Chandra) under Sections 376, 302, 201 I.P.C., Police Station Baraut, District Baghpat convicting and sentencing the accused appellant under Section 376 IPC for life imprisonment and fine of Rs. 10,000/- and in the event of non payment of fine he has to further undergo two years' imprisonment; under Section 302 IPC for life imprisonment and fine of Rs. 10,000/- and in the event of non payment of fine further to undergo two years' imprisonment and for the offence under Section 201 IPC for seven years' rigorous imprisonment and fine of Rs. 5,000/- and in the event of non payment of fine, accused appellant has to undergo one year's additional imprisonment. All the sentences were directed to run concurrently.

(2.) Prosecution story in nutshell, as unfolded in written report Ext. Ka-1, is as follows:

(3.) On 211.1998 informant Subhash Chand son of Lal Singh resident of Village Bijraul, police station Baraut, district Baghpat moved written report (Ext. Ka.-1) scribed by Sukhbir Singh mentioning therein that his daughter (victim) aged about 4-1/2 years was missing on 22.11.1998 since 2 P.M. In the evening they searched in the locality but her whereabouts could not be known. On 211.1998, in the morning dead body of the victim girl was found lying by the side of the wall in front of 'GHER' of Niranjan son of Imrit. It is also mentioned that Abhi Lal son of Randhir Singh Harijan, Tika Ram son of Nakli have also seen the accused appellant along with the daughter of the informant on 22.11.1998 at 2 P.M. taking her towards his home. Mahipal son of Amar Singh and Ishwar son of Kundan had seen the accused appellant throwing the dead body of the victim girl at 4 A.M. on 211.1998 in the morning at the place where dead body was recovered. Accused after committing the rape against the victim killed her by throttling her mouth and neck. Thus request was made to lodge the first information report (F.I.R.).