- (1.) CONVICTED of offences under Sections 302, 376(2)(f) and 201 IPC by the Additional Sessions Judge (Fast Track) Behror, by judgment dated 22.7.2005, the appellant, Ashok Kumar, has approached this court. For the offence under Section 302 IPC, the appellant was sentenced to life imprisonment, imposed with a fine of Rs.1000/ -, and directed to further undergo a simple imprisonment of six months. For offence under Section 376(2)(f) IPC, the appellant was also sentenced to life imprisonment, imposed with a fine of Rs.1000/ -, and directed to further undergo six months of simple imprisonment in default thereof. For offence under Section 201 IPC, the appellant was sentenced to three years of rigorous imprisonment, imposed with a fine of Rs.500/ - and directed to further undergo a simple imprisonment of two months. All the sentences were directed to run concurrently.
(2.) BRIEFLY , the case of the prosecution is that Anita (P.W.8) had come to visit her parental home. She had brought her four months old daughter with her. (The name of the daughter is being withheld in order to protect her identity as allegedly the child had been raped and killed by the appellant). It is further alleged that on the night of 5.6.2004, the family had watched T.V. Anita and her daughter, her grand -mother, Smt. Phoola Devi, and Ashok had slept out in the courtyard. Around 1:00 O'clock at night, Anita had given milk to her daughter. But when the family woke up at 5:00 AM on 1.6.2004, they found both the child and Ashok missing. Subsequently, Subhash Chand (P.W.10) was informed that the dead body of the child is lying in a field belonging to Ramesh Yadav. Therefore, at 6:00 AM he informed the police over the telephone. Consequently, the police reached at the place where the dead body of the child was discovered. At Ramesh Yadav's filed, Subhash submitted a written report (Ex.P.8) wherein he claimed that "in the night of 1.6.2004, around 1:00 O'clock, my niece had given milk to her daughter, four months old. Subsequently, some unknown persons have kidnapped the child and left her dead in the field of Ramesh. There is no visible injury on the body. I do not suspect anyone. I am submitting this report so the legal proceedings can be initiated. On the basis of this report, a Mrig FIR (Ex.P.8), namely Mrig FIR No.11/2004 under Section 174 Cr.P.C was registered at 7:25 AM on 1.6.2004.
(3.) SUBSEQUENTLY , on 1.6.2004 at 1:15 PM, Anil Kumar (P.W.13) lodged a report with the SHO, Police Station Behror which when translated into English reads as under: - To, The SHO Sahab, Police Station Behror, Alwar. Sub.: For registration of a report. Sir, It is submitted that my uncle had informed the police this morning that someone had taken away my sister's daughter, aged four months, and had left her in Ramesh's field. The police had gotten the post -mortem done. Now, we have come to know that the child was taken by Ashok Chamar. He tried to rape the child and because of internal injuries caused, he has killed the child and hiding this act from everyone, he has left the child in Ramesh's field. I am reporting this so that legal action can be taken. Sd/ - Anil Kumar Yadav. 3. On the basis of this written report (Ex.P.16), a formal FIR (Ex.P.17), namely FIR No.253/2004, was registered for offences under Sections 302, 376, 511, 201 IPC. The appellant was arrested on 1.6.2004 at 4:30 PM. After completing the investigation, the case was committed before the Additional Sessions Court, Behror, from where it was transferred to the court of Additional Sessions Judge (Fast Track), Behror. In order to prove its case the prosecution examined seventeen witnesses, and submitted thirty documents. In turn, the defense did not examine any witness, but did submit a single document. After completion of the trial, the learned Judge convicted and sentenced the appellant, as aforementioned. Hence, this appeal before this court.;