- (1.) THIS appeal is directed against the judgment and order of sentence dated 02.12.2005, rendered by the learned Additional Sessions Judge, Panipat, convicting the accused-appellant for offences punishable under Sections 376 and 302 of the Indian Penal Code and awarding sentence of imprisonment for life on both the counts. Both the sentences were to run concurrently.
(2.) THE prosecution story as unfolded at the trial is, that Het Ram, complainant a resident of Kusumpur Pahari, Basant Vihar, New Delhi, had come to village Bhodwal Majri to meet Sultan, his brotherin- law ( i.e. husband of sister of his wife ) on 18.7.2003 along with his wife Kunta, four daughters, including Vijay Laxmi, the victim, who was nine years old at that time, and Chhotu, appellant, his friend also a resident of Kusumpur Pahari New Delhi. The complainant and the appellant are both natives of Uttar Pradesh. On 19.7.2003 at about M, the appellant left village Bhodwal Majri saying that he was returning to Delhi. FroM that very tiMe, the daughter of the coMplainant, Vijay LaxMi, the victiM also disappeared. The coMplainant party Made efforts to search for the girl, and on 22.7.2003 a report of the Missing child was Made at Police Station SaMalkha. 3. On 25.7.2003 both Het RaM,coMplainant and Mahesh son of Sultan, were coMbing the area in search of the girl. They felt a foul sMell eMitting froM the fields of 'jawar' located near railway station, Bhodwal Majri. They entered the field and found the naked dead body of Vijay LaxMi, deceased. The dead body was decoMposed and in putrefied condition. The frock of the girl was lying nearby. The coMplainant suspected the appellant to have Murdered the girl after coMMitting rape on her. The appellant had coMe to the village Bhodwal Majri previously also along with Het RaM.
(3.) THE Police party headed by SI Amar Nath of Police Station Samalkha, was present along with other officials at Bus Stand, Patti Kalyana, G.T. Road for patrolling and checking, where Het Ram met them. The complainant recorded his statement Ex,PE before SI Amar Nath, on the basis whereof FIR Ex.PE/1 was registered.;