MAHENDRA Vs. STATE

JUDGEMENT

(1.) Present jail appeal has been preferred by accused-appellant Mahendra against judgment and order dated 02.06.2011 passed by Additional Sessions Judge / Special Judge (SC/ST Act), Meerut in Session Trial No. 664 of 2009 arising out of Case Crime No. 95 of 2009 (State of U.P. Vs. Mahendra) under Sections 376, 302, 201 I.P.C., Police Station Kithor, District Meerut convicting and sentencing accused-appellant and co-accused Dayaram for the offence under Section 302 I.P.C. with imprisonment for life and also fine of Rs. 20,000/- each. In the event of default in payment of fine, they were also directed to undergo two years additional imprisonment. Both accused were also convicted and sentenced for the offence under Section 376 (G) I.P.C. for imprisonment of life and a fine of Rs. 20,000/-. In default of payment of fine they were also directed to undergo two years additional imprisonment and for the offence under Section 201 I.P.C. they were directed to undergo imprisonment for five years and a fine of Rs. 10,000/-. In default of payment of fine one year's additional imprisonment was also directed to undergo.

(2.) Prosecution story, in nutshell, as unfolded in written report Ext. Ka-1, is as follows:

(3.) On 27.02.2009, informant PW-1 Ganga Das moved written report scribed by one Munesh Pal at police station Kitthaur, District Meerut mentioning therein that victim (daughter of informant) aged about eight years was missing since previous evening. Informant along with family members searched her in village and nearby places but her whereabouts was not known. When they were searching in the morning at about 08:00 to 08:30 A.M. and reached in the field of Habib son of Munazar, dead body of victim girl was found lying there. Suspicion was shown in written report that victim girl was killed by committing rape by unknown person. It was also mentioned that there were several injuries on the face and neck of deceased. Thus, prayer was made to take legal action in the matter.