Govind Mathur, J. - (1.) By judgment and order dated 29.8.2003, learned Additional Sessions Judge, Bhadra, District Hanumangarh, convicted the appellant for the offences punishable under Sections 302, 376(2)(F) and 201 of the Indian Penal Code and also sentenced him as under:- Under Section 376(2)(F) IPC : Rigorous imprisonment for life term with fine of Rs. 10,000/-, to further undergo one year's simple imprisonment in default of payment of fine. Under Section 302 IPC : Rigorous imprisonment for life term with fine of Rs. 10,000/-, to further undergo one year's simple imprisonment in default of payment of fine. Under Section 201 IPC : Three years' rigorous imprisonment with fine of Rs. 5,000/-, to further undergo six months' simple imprisonment in default of payment of fine.
(2.) To assail the conviction and sentence aforesaid, this appeal is preferred.
(3.) The facts of the case, as emerging out from the record, are that on 21.2.2002 at about 7:30 PM one Khusi Mohd. submitted a written report (Ex.P/15) to the Station House Officer of Police Station Bhadra with assertion that he is a resident of Ward No.1, Town Bhadra and his sister Smt. Khurshida w/o Farookh Ali, resident of Taranagar was staying with him these days. In the evening, at about 4:00 PM when he returned from his employment, his sister Khurshida informed about missing of her daughter Sayra, aged six years. He made search of the girl in neighbourhood and also made an announcement in this regard from loud speaker of the Masjid situated in the colony. On getting no adequate information about the girl, he alongwith his brother Malakdeen and Ameen made intense search and while doing so they found dead body of Sayra near Bhadra Canal, an Forest Department's land. At that time the salwar worn by Sayra was down upto knees and a salwar tightening thread was wrapped around her neck. Marks of bleeding were also existing on her vagina.;