NEMIECHAND Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Avinash Jaiswal, learned Amicus Curiae on behalf of the appellant and Sri Om Prakash, learned A.G.A. for the State-respondent.

(2.) Challenge in this appeal is to the judgment and order dated 16.07.2011 passed by the Additional District and Session Judge, Court no.17, Agra whereunder the appellant Nemi Chand has been convicted for abduction, commission of unnatural sexual offence with a five year old child punishable under Section 364 & 377 and for his murder under section 302; with imprisonment for life with fine and 10 years imprisonment with fine, separately. In case of non deposit of fine, the appellant has to undergo further imprisonment for 1 and 1/2 years; respectively, for each set of offence. All the punishments are to run concurrently.

(3.) The prosecution case as unfolded during the trial is as follows:-