Decided on May 16,2013

Shaukat Ali @ Lalla Appellant


- (1.) Appellant Shaukat Ali has challenged the judgment and order of his conviction dated 13.9.2011, rendered by the Additional Sessions Judge/FTC, Kashipur in Sessions Trial No. 83/2010. Learned Judge has held him guilty of the offences under Section 302, 365, 376, 201 IPC and has sentenced him accordingly.
(2.) Victim Km. Sabnam was six years' old girl, whose missing report Ex. Ka-1 was given by her father Mohd. Shakir to the police station Kashipur on 23.1.2010. Her dead body was recovered on 26.1.2010 at a fair distance from her residence in the field of Dori Lal. This dead body was noticed by Mohd. Yakub, grandfather of the deceased. So, the First Information Report was lodged. The police came into motion and recovered the dead body. In connection with this incident, accused Shaukat Ali was arrested, and at his instance the clothes of Km. Sabnam were recovered, which he had allegedly buried in the nearby field. Recovery memo of the clothes was prepared. Inquest report Ex. Ka-3 was prepared on 26.1.2010 itself at 10 AM. Post-mortem report of Km. Sabnam is Ex. Ka-5. Following ante mortem injuries were found on her body: (1) Contused swelling on left cheek, 2 cm x 2 cm. Reddish blue in colour. (2) Contused swelling on the right cheek, 1 cm in front above the ear, 3 cm x 4 cm, reddish blue in colour. (3) Contused swelling around left nipple, 6 cm x 4 cm, reddish blue in colour. (4) Contused swelling around on the right nipple, 6 cm x 4 cm, reddish blue in colour. (5) Depression on both lower chest side. (6) Legs in lithotomic position with bruising, laceration of external genitalia. Libia majora are lacerated.
(3.) In the opinion of the doctor, the death of Km. Sabnam occurred by shock and haemorrhage on account of ante mortem injuries. Her vaginal smear was also taken by the doctor and was sent for pathological examination, report thereof is Ex. Ka-11. In the report, some cells along with vaginal secretions were noticed, but no evidence of presence of spermatozoa was found.;

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