BADARI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Under challenge in these appeals is the judgment dtd. 18/1/2017 passed by the learned Additional Sessions Judge, Jhalawar (Rajasthan) (for short, 'the learned trial Court') in Sessions Case No.28/2016 whereby, the accused-appellants (for short, 'appellants') have been convicted and sentenced as under:

(2.) Accused-appellant Badari Lal:-

(3.) The relevant facts in brief are that Shri Shafiq Mohammad (PW3) lodged a written report (Ex. P2) with the SHO, Police Station Bakani on 1/6/2014 at about 10:00 am wherein, it was averred that at about 3:30 pm on 31/5/2014, his daughter Parveen had taken the goats for grazing to forest but, did not return by evening. It was further stated that despite intense search by the family members and villagers during whole night, she could not be traced but, in the morning, her dead body with a chunri noosed around her neck was found about a kilometer away from village near 'Nakaliya Anicut'. It was alleged that there were injury marks on her face, cigarette burn marks on her body with a hand broken and stone in her mouth. It was alleged that Pappu Tanwar, Shyam Lal and Lal Chand, with whom he has had previous enmity, have murdered her after subjecting her to gang rape. Based thereupon, an FIR No.215 dtd. 1/6/2014 came to be registered under Ss. 302, 376D IPC and Sec. 3/4 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. After investigation, the appellants were charge-sheeted alongwith co-accused Pappu @ Dwarka Lal and Radhey Shyam @ Shyam. Charges under Ss. 376, 302 read with Sec. 120B, Sec. 201 IPC read with Sec. 120B IPC were framed against the appellant-Badari Lal, charges under Sec. 302 IPC read with Sec. 120B and Sec. 201 IPC read with Sec. 120B were framed against the appellants-Sujan Singh @ Gatiya and Ghanshyam. Charge under Sec. 376(D) IPC was framed against the co-accused- Pappu @ Dwarka Lal and Radhey Shyam @ Shyam. After trial, while, co-accused Pappu @ Dwarka, Radhey Shyam @ Shyam as also the appellant-Badari Lal were acquitted of the charge framed against them under Ss. 376(D) IPC and 376 IPC respectively, the appellants have been convicted and sentenced, as supra.