LAWS(MPH)-2020-2-8

DEEPAK @ NANHU KIRAR Vs. STATE OF M.P.

Decided On February 20, 2020
Deepak @ Nanhu Kirar Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) This appeal filed under Section 374 of the Code of Criminal Procedure (Cr.P.C.) is directed against the judgment passed in S.T.No. 158/2018 dated 29.7.2019. The appeal was heard alongwith the Reference. The details of conviction and sentence are as under:--

(2.) Draped in brevity, the case of prosecution is that the victim was playing near her house with her brother Nihal (PW-3). The appellant lured the victim by stating that he will take her to her father's shop. He kidnapped her on a bicycle, took her to a remote place, raped and murdered her. The prosecution story was supported by producing sizeable number of witnesses, documents and articles. Story of the Prosecution:

(3.) To elaborate, Lakhan Chourasiya (PW-1) informed Police Station Pipariya on 31.10.2018 that her daughter (hereinafter called as "victim"), aged about 5 years, student of KG-I of PPS School, Pipariya was playing with her brother Nihal Chourasiya (PW-3) aged about 6 years at around 4 P.M. Nihal Chourasiya (PW-3) was riding a bicycle and victim was running after him. Lakhan Chourasiya (PW-1) was on his dining table when Nihal (PW-3) informed him that a "Bhaiya" took the victim on his bicycle. Lakhan Chourasiya (PW-1) father of the victim and family members immediately searched the victim on various places including Pachmari Road, Silari Chouraha, Bus stand, Railway Station etc. The details of victim and description of her clothes were mentioned in the missing person report (Ex.P/1) which was recorded by Sub Inspector Tejraj Singh (PW-10). The F.I.R bearing Crime No. 410/2018 (Ex.P/2) was simultaneously recorded relating to offence under Section 363 of I.P.C.