DAYA NAND (THROUGH JAIL) Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been preferred by the accused -appellant against his conviction under Sec. 376/302 IPC for rape of eight years old girl, followed by her murder. He stands sentenced to undergo RI for ten years and to pay a fine of Rs. 500/ - under Sec. 376 IPC and in default, to undergo further RI for six months. He also stands sentenced to life imprisonment under Sec. 302 IPC and to pay a fine of Rs. 1,000/ - and in default, to undergo further RI for one year. Both the sentences are to run concurrently.

(2.) PW -6 Surender made a statement before ASI Randhir Singh (PW -9), which led to registration of FIR on 16.06.1997 at 1 P.M. His statement is to the effect that he was living in Girdhari Colony Mujessar and was working in Chanda Enterprises. His elder brother was residing in Sanjay Colony. Daya Nand - accused was also residing in Girdhari Colony and working in Thermal Power House as a Helper and was neighbour of Surender. The accused used to come to the house of Surender. He also used to appreciate the daughter of Surender, aged 8 years named 'N'. On 15.06.1997 at 10 P.M., when Surender and his wife Bimla were sitting in the courtyard of the house along with 'N', Daya Nand came, talked to 'N' and took her with him. After some time, Virender (PW -7), brother of Surender came to the house of Surender and advised him that he should not send his daughter with the neighbours as the time was bad. The girl did not return home. Both the brothers Surender and Virender went out to search her. They asked Daya Nand, where 'N' was. He replied that he had left her at the same place from where he had taken her. They remained searching the girl throughout the night, but could not trace her. On the next day i.e. 16.06.1997 at 11 A.M., Dhakeli (PW -8) wife of Sukhan Singh who was living in the neighbourhood, told him that at 10.30 P.M. on the last night when she went for answering the call of nature, she had heard cries of a girl near the heap of rice husk. She had also seen Daya Nand running from the side of rice husk.

(3.) Surender along with Virender searched for 'N' in the rice husk who found her deadbody in the heap of rice husk in naked condition with marks of injuries on her neck and froth was coming out of her mouth and nostril. Daya Nand had committed the rape and murder and concealed the deadbody in the heap of rice husk.