DEVENDRA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Vinay Kumar Tripathi, learned Amicus Curiae for the appellant as well as Sri Nagendra Bahadur Singh, learned Additional Government Advocate for the State.

(2.) The present appeal has been filed against the judgment and order dated 13.02013, passed by the Additional Sessions Judge, Saharanpur in Session Trial No.127 of 2011 arising out of Case Crime No.427 of 2010, registered under Sections 376, 302 and 201 I.P.C. at Police Station Rampur District Saharanpur, whereby the appellant was convicted for commission of offence punishable under Section 302 IPC and sentenced to imprisonment for life with a fine of Rs.10,000/-, under Section 376 IPC and sentenced to imprisonment for life with a fine of Rs.10,000/- and under Section 201 IPC and sentenced to seven years rigorous imprisonment with a fine of Rs.5,000/-, in default to undergo three years additional imprisonment. All these sentences were directed to run concurrently.

(3.) The First Informhation Report was lodged by the complainant (Om Kumar) against the appellant on 04.12.2010 at about 8:20am. The complainant, in his first statement, had stated that yesterday his daughter Km. Chandani aged about 7 years was playing at about 5.00pm. near to culvert of Rajwahe and Devendra son of Kallu had sat there. His wife Shiksha had gone to put dung. On her return, she did not find both of them, then she went to the house of Devendra (accused) to get information about them. He was not found there. Then he along with the other persons of the village searched his daughter, but did not find her. He further stated that today on 04.12.2010, he received information that the dead body of his daughter was lying near to field of Meghraj at the bank of Rajawahe, then he along with Babu Ram and Hari Ram proceeded towards the place of incident. Devendra, after seeing them, had run away from the place of incident towards forest. He stated that at about 7:00am. he saw the dead body of his daughter lying at the bank of Rajwaha in half naked position. After seeing such a position, the fear and threat was spread over to the people residing in the village as well as adjoining thereto. They closed the door of their houses keeping their children therein and further stopped them from going school. Thus he stated that the peace, law and order of the village had breached, since the rape was committed to the minor girl and her dead body was hidden.