- (1.) This appeal is filed by the State of U.P. against the final judgment and order dated 16.10.2003 passed by the High Court of Judicature at Allahabad in Criminal Appeal No. 737 of 2003 whereby the High Court allowed the appeal filed by the respondent herein and acquitted him of the offences punishable under Sections 302 and 376 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") and set aside the judgment and order dated 15.02.2003 passed by the Additional Sessions Judge/Special Judge (E.C. Act), Bulandshahar in Sessions Case No. 748 of 2002.
(2.) Prosecution case in a nutshell is as follows: (a) On 05.03.2002, at about 04.30 p.m., Roshni (the deceased), aged about 11 years, had gone alone from her house in Kalander Garhi, PS Khurja Nagar, Bulandshahar, U.P. to prepare cow-dung cakes in the cremation ground of Jatavs' and while she was doing her work, the respondentaccused forcibly took her in the wheat field of one Jalil Khadar with bad intentions. She raised cries and on hearing the same, Madanlal (PW-2) and Suresh Chandra (PW-3), who were passing through at a short distance, came to the said field and saw that the respondent-accused was strangulating her with a Dupatta. On seeing them, the respondent-accused ran away and when they tried to chase him, he could not be caught. When they returned back, Roshni was seen lying dead at the site in naked condition. Both of them informed Kanchhi Lal (PW-1), the father of the deceased-the complainant about the said incident and at 11.05 p.m., PW-1 lodged an F.I.R. being Crime No. 66 of 2002 at Police outpost Khurja Junction, District Bulandshahar and a case under Sections 376, 302 and 511 of IPC was registered against the appellant. (b) After investigation, Kshetrapal Singh, S.I. (PW-7) arrested the accused on 14.03.2002. After filing of the charge sheet, the case was committed to the Court of Sessions and numbered as Sessions Case No. 748 of 2002. (c) The Additional Sessions Judge/Special Judge (E.C. Act) Bulandshahar, by judgment dated 15.02.2003, convicted the respondent-accused and sentenced him to death under Section 302 of IPC and to imprisonment for life under Section 376 of IPC. (d) Aggrieved by the said judgment, the respondent-accused preferred an appeal being Criminal Appeal No. 737 of 2003 before the High Court. For confirmation of death sentence of the accused, Capital Sentence Reference No.7 of 2003 was also filed which was heard along with the appeal filed by the accused. The High Court, by impugned judgment dated 16.10.2003, allowed the appeal filed by the respondentaccused and acquitted him of all the charges and also rejected the Capital Sentence Reference. (e) Against the order of acquittal passed by the High Court, the State has filed this appeal by way of special leave.
(3.) Heard Mr. Ratnakar Dash, learned senior counsel for the appellant-State and Mr. G.S. Mani, learned counsel for the respondent-accused.;