ROHIT KUMAR @ RAJU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant faced charges of sodomy over 3-1/2 years old child, namely Aditya @ Billu; committing his murder and throwing his dead body in the gutter situated in his own house. Vide judgment dated 08.05.2008, he was convicted for the offences punishable under Sections 302, 377 and 201 of the Indian Penal Code and was sentenced as under:- <FRM>JUDGEMENT_401_LAWS(P&H)1_2012(1).html</FRM>

(2.) All the substantive sentences of imprisonment were ordered to run concurrently.

(3.) Initially DDR No.13 dated 02.07.2006, Ex.PG/I was recorded at the instance of Poonam (mother of the deceased) resident of H.No.106 Dashmesh Colony, Ropar to the effect that her son Aditya alias Billu, resident of House No.94, Phase II, Mohali was missing from 01.07.2006. Thereafter, through a telephonic message from Sanjay Kumar son of Jagan Nath, SI Manvir Singh came to know that the dead body of Aditya was lying in the gutter situated in the house of the accused. Consequent to the aforesaid information, on 03.07.2006, SI Manvir Singh, PW-10 set for the place of occurrence along with other police officials and on reaching there, took out the dead body of Aditya @ Billu from the gutter. On inspection, a piece of cloth was found wrapped around the neck of the deceased Aditya @ Billu. His tongue was protruding out and was stuck between the teeth. There was an injury on the left side of his forehead. One eye ball was out. While reaching the conclusion that Aditya @ Billu was sodomized and thereafter murdered and the dead body was concealed in the gutter for making the evidence to disappear, a case under Sections 302, 377 and 201 of the Indian Penal Code was found to be clearly made out. Ruqa was sent to the police Station, on the basis of which FIR Ex.PL/1 was registered on 03.07.2006 at 5.30 P.M. He also detected a chappal, which was also taken into possession vide memo Ex. PM. Inquest report of the dead body Ex.PN and site plan of the place of occurrence, Ex.PO were prepared. The dead body was dispatched for the post mortem examination. He recorded the statement of Kirpal Singh, PW-7, who stated that the accused confessed before him about the commission of offence. Thereafter the accused was arrested.