KULDEEP @ BONA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 29.11.2008 rendered by learned Additional Sessions Judge/Fast Track Court, Sonepat, whereby appellant-accused Kuldeep @ Bona was held guilty for committing offence punishable under Section 376 of Indian Penal Code (for short 'IPC') and under Section 302 IPC. Vide order of sentence dated 16.01.2009, he was sentenced to undergo RI for life and to pay a fine of Rs. 5,000/- for offence under Section 376 IPC. In default of payment of fine, he was further directed to undergo simple imprisonment for a period of 6 months. For offence under Section 302 IPC, he was sentenced to undergo RI for life and to pay a fine of Rs. 5,000/-. In default of payment of fine, he was directed to further undergo simple imprisonment for a period of 6 months. Both the sentences were ordered to run concurrently.

(2.) On the statement of Deep Chand, which is Ex.PA, the present case was registered. Suraj Bhan is the youngest brother of Deep Chand complainant. The prosecutrix (name withheld) is daughter of Suraj Bhan. As per complainant, she was of the age of 13 years. On the day of lodging of this complaint i.e. 04.02.2006 at about 7:30 P.M., the prosecutrix had gone out of the house towards Kurdis side for answering the call of nature. Till 8:00 P.M. she did not return. At this, the complainant and his nephew Vijay along with neighbours had gone out in search of prosecutrix. When they reached near their plot (Gitwar) in which Kabuli Kikar trees were standing, they found prosecutrix lying dead. There were injuries on her head, forehead and face. Blood was also lying there in liquid form. Salwar and underwear of the prosecutrix were also lying nearby her. Complainant expressed that somebody had raped the prosecutrix and, thereafter, inflicting injuries on her head, killed her. Yash Pal Singh (PW13) SI/SHO made endorsement Ex.PA/2 on this complaint and sent the same to the police station for registration of the case, whereupon, formal FIR was recorded. Investigating Officer along with complainant had gone to the spot and called the dogs squad. Photographs of the spot were obtained. Rough site plan of the spot was prepared, before that, from the fist of the prosecutrix, hair were lifted, made into a parcel and sealed with the seal of 'VP' and then taken into police possession vide memo Ex.PM. Blood stained earth from beneath the head of the prosecutrix was also lifted. It was also made into a parcel and duly sealed and, thereafter, taken into police possession vide memo Ex.PM/1. Blood stained brick was also lifted from the spot, sealed in a parcel and then taken into possession vide memo Ex.PM/2. Tabacco coloured thread was also lifted from the thigh of the prosecutrix and made into a duly sealed parcel and then taken into possession vide memo Ex.PM/3. Blood stained polythene and hair pin of the prosecutrix were also recovered from the street, made into a sealed parcel and then taken into possession vide memo Ex.PM/4. 'Chapal' of the prosecutrix after converting the same into a sealed parcel, taken into possession vide memo Ex.PM/5. Underwear and salwar were also made into a sealed parcel and then taken into possession vide memo Ex.PM/6. Statements of witnesses were recorded at the spot. Inquest report Ex.PD was prepared. Post-mortem of the dead body of prosecutrix was also got conducted vide post mortem report Ex.PB. After post-mortem, duly sealed parcels containing vaginal swabs and clothes of the deceased (prosecutrix), which were handed over by ASI Ramesh Chand to Investigating Officer, were taken into possession vide memo Ex.PN/1. DSP also verified the facts of the case. Case property was handed over to MHC of the police station.

(3.) On identification of PW Rajesh, the accused was arrested. He was got medico-legally examined by moving application Ex. PN/3. On the same day, vial containing swab of the accused, pubic hair of the accused, underwear of the accused, scalp hair of the accused, were taken into possession along with sample seal vide memo Ex.PN/4. Case property was handed over to MHC of the police station.