TITU Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Noor Mohammad, for the accused-appellants and Sri Nafees Ahmad, A.G.A., for State of U.P. Sri Devesh Kumar Shukla, counsel for the informant, did not appear.

(2.) Titu, Deva @ Devendra and Cheta @ Rinku (the accused) have filed Criminal Appeal No. 4415 of 2015, from the judgment of Additional Session's Judge, Court No. 5, Aligarh, dated 09.09.2015, passed in S.T. No. 682 of 2013, State v. Titu and others, [arising out of Case Crime No. 84 of 2013, under Section 302, 376 of Indian Penal Code, 1860 (hereinafter referred to as the IPC), P.S. Madrak, district Aligarh], convicting them under Section 5/6 of Protection of Children From Sexual Offences Act, 2012 and sentencing for 14 years rigorous imprisonment and fine of Rs. 10,000/- each, with default stipulation. Devendra Kumar (the informant) has filed Criminal Appeal under Section 372 Cr.P.C. No. 979 of 2017, from the aforesaid judgment, acquitting Ram Veer (the accused) from all the charges and Titu, Deva @ Devendra and Cheta @ Rinku (the accused) from the charges under Section 302, 376-D IPC. Under the order of Hon'ble the Chief Justice dated 21.12.2017, both the appeals were consolidated and listed before this Bench for hearing.

(3.) On the written complaint (Ex-Ka-1) of Devendra Kumar (PW-1), FIR (Ex-Ka-4) of Case Crime No. 84 of 2013 was registered on 26.03.2013 at 16:00 hours, under Section 302, 376 IPC, at P.S. Madrak, district Aligarh, against unknown accused, by Constable Ranveer Singh (PW-6). It has been stated in the FIR that Hemlata, aged about 12 years, daughter of Radhey Shyam (niece of the informant) had gone to throw cattle's dung at 'ghura' on 26.03.2013 at 10:00 AM. When she did not return back even after lapse of considerable time, then they began to search her. After great efforts, her dead body was found lying in semi-nude condition, in a field where wheat was sown, at some distance away from the 'ghura' with her hands and legs tied with her scarf. There were scratch marks on her neck and bite mark on her cheek. After lodging the report, the accused be traced and legal action be taken against them.