STATE OF HARYANA Vs. RAJU ALIAS RAJU CHAUHAN

JUDGEMENT

(1.) The appellant has been found guilty of offences punishable under Ss. 363, 376 and 302, Indian Penal Code. The Sessions Judge has proposed the penalty of 'death' for the offence of murder. He has also awarded a sentence of 7 years under S.376, and 3 years under S.363, IPC.Aggrieved by the order, the accused has filed an appeal. We have Murder Ref. No. 3 of 1999 and Criminal Appeal No. 463-DB of 1999.

(2.) The child was allegedly missing from the evening of January 5, 1997. Her body was found in the morning. The story was initially revealed by Ram Kewal, the uncle (father's younger brother) of the deceased, to Sub-Inspector Shakuntla. On the basis of this statement, the FIR was recorded at 7-30 a.m. The special report had reached the Court of the Chief Judicial Magistrate at 11.55 a.m.

(3.) It was stated by the complainant that Banwari Lal had five daughters. Rinku, one of these five, was 11 years old. She was studying in Class II.On January 5, 1997 she had gone out of the house at about 6 p.m. to bring milk. After she had brought the milk, the complainant had seen Raju, aged 20/22 years, offering toffees to Rinku. She had not come back till 8/9 p.m. It was suspected that Raju "might have kidnapped" her. Makhan Lal a neighbour had seen Raju and Rinku going towards Chandan Nagar. They looked for the two throughout the night. But Raju and Rinku were not found. Next morning, the dead body of Rinku was found lying under the bushes in the Government College ground. It appeared that "Rinku had been raped and murdered by hitting a brick on her head as bloodstained brick and blood were found lying on the spot." On the basis of this statement, first information report (Exhibit PA), was recorded at 7-30 a.m.