UMESH CHANDRA SRIVASTAVA,J. - (1.) This Jail Appeal has been filed against the judgement and order dated 28.06.2013 of Additional Sessions Judge, Court No.-3, J.P. Nagar passed in Sessions Trial No. 188 of 2010 arising out of Case Crime no. 103 of 2010 under sections 364, 302, 201, 376, 511 I.P.C., P.S. Amroha Nagar, District J.P. Nagar by which appellant has been convicted and sentenced to undergo life imprisonment and to pay Rs. 10,000/- as fine for the offence under section 302 I.P.C., rigorous imprisonment of three years and to pay Rs. 10000/- as fine for the offence under section 201 I.P.C., rigorous imprisonment of ten years and to pay Rs. 5000/- as fine for the offence under section 364 I.P.C. and rigorous imprisonment of ten years and to pay Rs. 5000/- as fine for the offence under section 376 I.P.C. and it is also provided that in case of default in payment of fine he shall have to undergo additional imprisonment of six months with another stipulation that all sentences shall run concurrently.
(2.) In brief, the prosecution case as set out in the F.I.R. is that deceased Sumbul aged 9 years, who was the resident of Mohalla Turk Colony Danishmandan, P.S. Amroha Nagar, District J.P. Nagar along with her younger sister Tahira had gone to Dr. Faizal Road in Mohalla Peergarh, Amroha, J.P. Nagar in the evening of 28.01.2010 at about 7 p.m. to buy a mobile recharge coupon. When she reached to the shop she found that it was closed. A young boy standing near the shop met her and offered her to take her to another shop which she agreed and accompanied him while her younger sister Tahira came back home. When Sumbul did not come back home for more than half an hour, her father Ajeem Ahmad along with other people of the locality went in search of her but she was not traceable. Later her dead body was spotted next day morning at about 10 a.m. in the campus of Government Inter College, Amroha near hostel of the college. Thereafter, father of Sumbul got report of the incident written and went to Police Station Kotwali, District Amroha same day at 10:30 a.m. and submitted the report there which was registered at case crime no. 103 of 2010 under sections 364, 302, 201 I.P.C. against unknown person. The written report of the incident was scribed by one Mushid Hussain. The written report and chick F.I.R. are Ext. A-1 and Ext.A-3.
(3.) Investigation of the incident was under taken by Inspector Vinod Kumar, the then S.H.O. of P.S. Kotwali Nagar, Amroha, who rushed to the place where dead body of Sumbul was lying and got inquest proceedings of the dead body of the deceased done same day i.e. 29.01.2010. Postmortem on the body of the deceased was also done same day at 4:30 p.m. at District hospital, J.P. Nagar by Dr. Pradeep Agarwal. At the time of postmortem examination both eyes of the deceased were closed, her mouth was open and hyoid bone of neck was broken. Besides above, following Ante-mortem injuries were also found on the person of the deceased. 1. Abraded contusion 7 cm X 4 cm over front of neck with no definite pattern not continuous posteriorly. 2. Abraded contusion over left side of face 1 cm X 1 cm. 3. Abraded contusion over left side of nose. 4. Hymen found ruptured. Vagina admitting finger, no bleeding or injury (contusion or abrasion seen). Swelling of labia is present. 5. Trachea grossly congested with fracture of hyoid bone. 6. Right lung congested, rest NAD 7. Left lung congested, rest NAD 8. Right ventricle full of blood, left NAD. 9. 100 ml of solid chyme present. 10. Gallbladder congested, rest NAD. 11. Spleen congested, rest NAD 12. Kidneys congested, rest NAD As per opinion of Doctor, the cause of death of deceased was asphyxia as a result of strangulation. The postmortem report of the deceased is Ext. Ka-2. ;