NAJE AALAM Vs. STATE OF U P

JUDGEMENT

(1.) NAJE Alam, sole appellant is convicted for offences under Section 364, I.P.C. read with Section 3 (2) (v) of S.C./S.T. Act and sentenced to undergo life imprisonment along with fine of Rs. 1,000, and in the event of default in depositing the fine, further imprisonment of one month, vide judgment and order dated 3.4.2006 passed by Additional District and Sessions Judge, Court No. 4, Bijnore in Session Trial No. 396 of 2005, State v. NAJE Alam.

(2.) THE incident is alleged to have taken place on 4.2.2005 at 4.30 p.m. in village Kanakpur Kala, Police Station Najibabad, district Bijnore.

(3.) SRI Mukhtar Alam learned counsel appearing on behalf of the appellant submitted that the admitted facts are that Smt. Rajo P.W.-3 was earlier married to one Ompal and victim Km. Neelam and her elder sister Kiran, were the two daughters born from the wedlock of Rajo and Ompal. It is an admitted fact that complainant Suresh was not father of the victim. Rajo had married with the complainant subsequently, after the death of her first husband (father of the victim) Ompal and three daughters were born from the second marriage. The complainant (second husband of Rajo) was also married earlier with one Chhama who had given birth to one female child Pinki. The marriage of Rajo was performed after death of his first wife Smt. Chhama. Pinki is married but her husband has left her therefore, she is living with Suresh and Rajo.