MOHARRAM ALI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The present criminal appeal is filed by Moharram Ali appellant against the judgment and order dated 12-12-86 passed by VIII Addl. Sessions Judge, Lucknow convicting the accused-appellant u/Ss. 302, 376 and 201, IPC and sentencing him to Imprisonment for Life, Ten years' R.I. and Seven years' R.I. on each count. All the sentences were directed to run concurrently.

(2.) According to the prosecution case, the incident took place on 29-12-85. It is said that on 28-12-85 at about 6 p.m. Binita aged about 8 years, had gone outside of her house alongwith her mother. After watching the female (film) the mother of Binita returned to her house, at that time Binita was not with her and on this the family members of her house started searching the whereabouts of Binita but she (Binita) was not traced out. Next day, in the morning at about 6 a.m., the dead body of Binita was seen lying in the tank by Ram Kumar (P.W. 2). It is said that the complainant with the help of other persons brought out the dead body of Binita from the tank and found signs of strangulation on the neck of the deceased and also observed bleeding from the private parts of the deceased girl. It is said that Narendra Kumar Singh (P.W. 4) informed the villagers that he had seen Binita going inside the house of accused Moharram Ali alongwith him one day before in the evening of the incident. On receipt of this information, the complainant along with other villagers reached the house of accused Moharram Ali and at that time, Moharram Ali was found busy in washing the room. It is said that on seeing the complainant and other villagers, the accused-appellant opened and spread out the contents of paddy-bag at the said place. It is said that they caught hold of accused Moharram Ali and interrogated him and on interrogation, he stated that he had committed rape on Binita and thereafter killed her and threw her dead body in the tank. It is also alleged that he further disclosed that he also threw the bloodstained piece of bag,his 'Baniyain' and girl's 'patloon' in the 'Talab'. It is said that the complainant and the witnesses got the statement of the accused taped on a cassette and the same was also handed over to the police. It is said that thereafter, the complainant lodged a report. It is said that S.I. Satya Prakash Shukla (P.W. 5) who was present at the time of lodging of the F.I.R., immediately proceeded to the place of the incident and on reaching there, he prepared the inquest report Ext. Ka-10 and other relevant papers Ext. Kha-11 to Ka-14. He also took the cassette in his possession in which the statement of the accused was found recorded and he also took the clothes of the girl (Binita) in his possession and prepared a 'fard' to this effect. The Investigating Officer also took the sample of plain as well as bloodstained earth from the place of the incident and prepared site plan Ext. Ka-16. He also recorded the statements of the witnesses and after completing the investigation of this case, submitted the charge-sheet against the accused.

(3.) The autopsy on the dead body of deceased girl (Binita) was conducted by Dr. R. K. Dhawan (P.W. 6) on 31-12-85 at 3.30 p.m. He found the following ante mortem injuries on her body :-