M.C.JAIN,J. - (1.) THE sole accused appellant Chandrakesh has preferred this appeal against the judgment and order dated 17th March, 2005 passed by Sri C.K. Kulshrestha, the then Additional Sessions Judge, Court No. 10, Bundaun in Sessions Trial No. 246 of 2004. He has been convicted under Sections 302, 376 and 201 I.P.C. Death sentence has been passed for the offence of murder punishable under Section 302 I.P.C. For the offence of rape punishable under Section 376 I.P.C. he has been sentenced to life imprisonment and a fine of Rs. 10,000/ -. In default of payment of fine, further imprisonment of one year has been awarded. Seven years' rigorous imprisonment has been awarded for the offence punishable under Section 201 I.P.C. A sentence of payment of fine of Rs. 5,000/ -has also been passed for the said offence. In default of payment of fine, six months' further imprisonment has to be undergone by him. All the sentences are to run concurrently.
(2.) THE unfortunate victim was a girl named Manju aged about 8 years, daughter of Mahipal, PW 1. The incident occurred on 1 -2 -2004 at about 5 p.m. in a field situated in village Majhaula, P.S. Dhanari, District Budaun and the written F.I.R. was lodged by victim's father. The prosecution case, as surfacing from the F.I.R. and the evidence adduced in the Court, was like this. On the eventful day and time, Manju and her younger sister Preeti aged about 5 years had gone to the sugarcane field, the crop of which had been purchased by Dhanpal -father of the accused from one Gajram. Preeti reached back home with sugarcane stick, but Manju did not return till the fall of night. She was frantically searched in the village and around but in vain. Manju's younger sister Preeti informed that the accused Chandrakesh was there at the above narrated sugarcane field when she and her elder sister had reached there. He sent her back with sugarcane stick, saying that her elder sister (Manju) would be sent back later with more sugarcane sticks. Manju's father Mahipal went to Chandrakesh's house but he was not available. He went to his house again the following morning but he was not found there at that time too. While resuming his search for Manju, he (informant -Manju's father) was informed by a co -villager Rishipal son of Shyam Lal that dead -body of his daughter was lying in the field of Lakhan son of Sumeri. He went there and found the dead -body of Manju lying naked with her private part bleeding. A hair ribbon had been tightened around her neck. A number of villagers assembled there.
(3.) THE accused had thus forcibly committed rape on Manju and then committed her murder. The written F.I.R. got scribed from Mohan Lal was lodged by the informant Mahipal (father of Manju) at the Police Station on 2 -2 -2004 at 1.45 p.m. on the basis of which a case was registered and investigation taken up by Narendra Singh SSI PW 5, S.O. of Police Station Dhanari. He prepared inquest report of the dead -body of the deceased with other related papers. The dead -body after being sealed was sent for post -mortem which was conducted on 3 -2 -2004 at 3.30 p.m. by Dr. D.V. Shaky a PW 3. The deceased was aged about 8 years and about two days had passed since she died. The following ante -mortem injuries were found on her person: (1) Lacerated wound of size 2 x 0.7 cm. x muscle deep at vaginal opening at 6 O' clock position. Hymen membrane found torn and clotted blood present. Smear slide prepared. (2) A ligature mark of size 12 x 1 cm. present front and sides of neck at mid of neck hyoid bone found fractured, froth present in trachea. Under ligature mark ecchymosis present. ;