Chandra Dhari Singh, J. - (1.) Heard Sri Dharmendra Dhar Dubey, learned counsel for the appellant as well as Ms. Usha Kiran, learned Additional Government Advocate.
(2.) This appeal has been directed against the judgment & order dated 19.6.2001 passed by the Sessions Judge, Gautam Budh Nagar in S.T. No.57 of 2000, State vs. Bahdur, whereby Sessions Judge, Gautam Budh Nagar after proceedings convicted the accused-appellant for the offence punishable under Sections 376, 302 and 201 I.P.C.. The accused-appellant was sentenced to 10 years' rigorous imprisonment and a fine of Rs.5000/- for the offence under Section 376 I.P.C.. In default of payment of fine, he will undergo simple imprisonment for three months. The accused-appellant was sentenced to life imprisonment and a fine of Rs.5000/- for the offence under Section 302 I.P.C.. and in default of payment of fine, he will undergo three month's simple imprisonment. He was sentenced to three years' rigorous imprisonment and a fine of Rs.1000/- for the offence under Section 201 I.P.C. and in default of payment of fine, he will undergo one month's simple imprisonment. All the sentences shall run concurrently.
(3.) Brief facts of the case I.As per prosecution case, on 18.11.1999, complainant Radhey Shyam's daughter Km. Lalita-deceased aged about 8 years was playing with Deepak-P.W.-6 and Babita. At about 7.00 P.M. the accused Bahadur enticed the deceased on the pretext of giving toffee and samosa. The deceased did not return to home. Complainant Radhey Shyam (P.W.-1) went in search of the deceased but in vain. The missing report was lodged as Ext. Ka-14 on 18.11.1999. While P.W.1 was in search of the deceased, Rajvir (P.W.2) and Hukum Singh (P.W.3) informed him that the accused Bahadur had taken away the deceased on the pretext of giving toffee and samosa. He was further informed that Bahadur had committed the murder of the deceased. Both P.W.2 and P.W.3 tried to apprehend the accused but later ran away from the scene. II.On 19.11.1999, the police arrested the accused and registered case as Case Crime No.780 of 1999, under Sections 376, 302 and 201 I.P.C. against the appellant. S.I. Harprasad Singh (P.W.12) took the investigation of the case in his hand. He interrogated the accused-appellant. At the time of interrogation, the accused Bahadur was wearing a sweater which had semen and blood-stains. The sweater was taken into custody. The body of the deceased was recovered at the instance of the accused. S.I. Sahendra Pal Singh (P.W.7) prepared the inquest report as Ext. Ka-1 and the memo of recovery of the accused Bahadur's Sweater as Ext. Ka-2. The memo of recovery of the deadbody of the deceased was prepared by S.I. Sri B.K. Singh (P.W.9). Constable Prem Singh (P.W.10) was entrusted with the deadbody of the deceased and he took into the mortuary for post mortem. III.On 17.12.1999, the copies of inquest report and post mortem report was obtained. Statements of witnesses Deepak, Km.Kavita, Ram Sahai, Her Vilas and Madan Mohan were recorded. On conclusion of investigation, the police had submitted the chargesheet Ext. Ka-16 against the appellant before the concerned court. Accused Bahadur pleaded not guilty to the charges under Sections 376 and 302 I.P.C. He had also pleaded not guilty of charges under Section 201 I.P.C. He has stated that he has not made confessional statement before the police or public. He has also stated that complainant Radhey Shyam owed some money from him. In order to evade the payment of that amount he was falsely implicated in this case. In support of its case, the prosecution had examined 12 witnesses to prove the case beyond any reasonable doubt. No witness had been examined in defence by the appellant. IV.The trial court after concluding the proceedings, vide judgement and order dated 19.6.2001, convicted the appellant for committing rape and murder and since he took the dead-body near tri-junctions of sectors 20, 21 and 10 and concealed it in a 'Naali', he was also convicted under Section 201 I.P.C.. The trial court awarded the sentence of 10 years' rigorous imprisonment and fine of Rs.5000/- for the offence punishable under Section 376 I.P.C. In default of payment of fine, he will undergo simple imprisonment for three months. The trial court further awarded the sentence of life imprisonment and fine of Rs.5000/- for the offence punishable under Section 302 I.P.C. In default of payment of fine, he will undergo one month's simple imprisonment. The trial court sentenced to three years R.I. and fine of Rs.1000/- for the offence punishable under Section 201 I.P.C. and in default of payment of fine, he will undergo one month's simple imprisonment. All the sentences shall run concurrently.;