GUGGA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been filed against the conviction and sentence of the appellants in case FIR No. 174 of 08.07.2009 registered under Sections 302, 376, 34 IPC at Police Station Sadar Khanna vide judgment and order dated 19/20.09.2013. The appellants were sentenced to undergo rigorous imprisonment for life under Sections 302 and 376 IPC.

(2.) As per the prosecution, on 08.07.2009 Ram Nand reported to the police that he was a milk man and in the morning when he had gone to cut the fodder there was a stink. When he look forwarded, he saw a partly decomposed body of a young girl aged about 6 to 7 years. The police was informed and the post-mortem of the child was conducted on 09.07.2009. As per the post-mortem report, the deceased had been raped and murdered about 72 hours prior to the post-mortem (i.e. to say on 06.07.2009). The girl was identified by her parents who had lodged a missing person report on 06.07.2009 to the effect that they were migrant labours and stayed at the shed in Khanna Market and their young daughter Pooja had gone missing from the shed at about 5:00 PM on that date.

(3.) Ultimately on 21.10.2009, the appellants were produced before the police by the witness PW-9 Jagjit Singh, who stated that they had made an extra judicial confession to the effect that they lured the young child on 06.07.2009 and raped and murdered her by strangulation. The appellants were charged and sent for trial.