SIRAJ ALIAS SALAU Vs. STATE OF U P

JUDGEMENT

(1.) THIS is a jail appeal filed on behalf of the appellant Siraj alias Salau, who has been convicted under Sections 302 and 376, I.P.C. by Sessions Judge, Basti vide judgment and order dated 4.3.2004 in ST. No. 136 of 2001 .The appellant has been sentenced to imprisonment for life and to pay a fine of Rs. 5,000 in default to undergo further imprisonment for one year under Section 302, I.P.C. He was further sentenced to R.I. for 10 years and to pay a fine of Rs. 5,000 and in default to further undergo R.I. for one year under Section 376, I.P.C.

(2.) THE incident took place on 10.1.2001 sometime after 3.30 p.m. and the F.I.R. was lodged on the same day on 21.35 hours at P.S. Cantt. district Basti against one Mahendra Kumar alias Vifai.

(3.) AUTOPSY on the dead body of Km. Shama was performed by P.W. 5 Dr. Narendra Kumar Srivastava on 11.1.2001 at 2.15 p.m. The deceased was about 16 years of age. Eyes and mouth here closed. Blood mixed mucus was coming out from the mouth. Tongue was protruded. There was bleeding from vaginal opening. The following ante-mortem injuries were found on the dead body :