MOHD. RASHID Vs. STATE OF J&K

JUDGEMENT

(1.) This judgment shall put to quietus the present appeal handing fire for the last more than eight years as also the consequent ordeal of a juvenile in conflict with law incarcerated for about seventeen years.

(2.) The challenge in this appeal, in terms of Sec. 410 of the Code of Criminal Procedure Svt., 1989 (for short, Cr.P.C), has been thrown to the judgment of conviction dtd. 13/3/2014 and the order of sentence dtd. 27/3/2014, passed by learned 3rd Additional Sessions Judge (Fast Track Court), Jammu (hereinafter referred to as the trial Court), in File No. 16/Sessions titled State v. Mohd. Rashid alais Abdul Rashid, vide which appellant has been sentenced to death for offence under Sec. 302 of Ranbir Penal Code, 1989 (for short, RPC), rigorous life imprisonment and fine of Rs.10,000.00 for offence under Sec. 376 RPC and seven years rigorous imprisonment and fine of Rs.2,000.00 for offence under Sec. 363 RPC. On default in the payment of fine, he is also ordered to undergo six months rigorous imprisonment and simple imprisonment for four months respectively. The substantive sentences under Ss. 376 and 363 RPC were ordered to run concurrently but would cease to have effect in case the sentence of death for conviction under Sec. 302 RPC is confirmed by this Court and the convict is executed.

(3.) Since the controversy, at hand, lies in a narrow compass, the facts in detail need not be traversed. However, as the factual matrix of the prosecution story would unfurl, on 28/8/2005, on the basis of source information, that an unidentified dead body of a young girl of about 12/13 years of age, lying near Kachhi Chawni crossing, outside Government Girls High School, Jammu had been taken by some passersby to the Government Medical College and Hospital Jammu, the Police agency swung into action and since the deceased had died under suspicious circumstances, inquest proceedings, under Sec. 174 Cr.P.C., were initiated to ascertain the cause of death. The deceased was identified by her brother, namely, Mujaffar Ahmad (PW-2). After autopsy, the dead body was handed over to the parents of the deceased and last rites of the deceased were performed in her native village at 'Magam' in Kashmir.