Mohammad Rafiq, J. - (1.) This appeal is directed against the judgement dated 11.05.2009 passed by the Additional District and Sessions Judge (Fast Track) No.2, Sikar Camp, Srimadhopur in Sessions Case No.05/2007 convicting the accused-appellant in the manner as indicated below: Under Section 302 IPC and sentencing him to Life Imprisonment and fine of Rs.5,000 and in default to further undergo a sentence of three months simple imprisonment. Under Section 376(2) (F) IPC and sentencing him to ten years rigorous imprisonment and fine of Rs.2,000 and in default to further undergo a sentence of two months simple imprisonment. Under Section 366 (A) IPC and sentencing him to ten years rigorous imprisonment and fine of Rs.2,000 and in default to further undergo a sentence of two months simple imprisonment. Under Section 363 IPC and sentencing him to seven years rigorous imprisonment and fine of Rs.2,000 and in default to further undergo a sentence of two months simple imprisonment. Under Section 201 IPC and sentencing him to seven years rigorous imprisonment and fine of Rs.2,000 and in default to further undergo sentence of two months simple imprisonment. All the sentences were ordered to run concurrently.
(2.) Briefly stated, the facts of the case are that a written report (Ex.P1) was submitted by Mahendra Kumar (PW1) before the SHO Police Station Srimadhopur, District Sikar at 12.45 PM on 9.12.2006 stating therein that his daughter Neha (Sinu) aged 7-8 years was playing outside the house on Chabutara at 6.30 PM on 8.12.2006. He was inside the shop. When he searched his daughter after 15 minutes for meal, she was not found. They kept on searching her daughter at night in the village and also in nearby hutments (dhanies), but she was not tracable. When they continued searching in the morning, her dead body was found in 'radawala kuwan' (well) near the village to his mama (mental uncle) Girvar Lal and Pappu Meena, which was taken out of the well. It appeared from her dead body that somebody has committed, rape upon her and for concealing the evidence afterwards committed her murder by strangulation and threw the dead body into the well.
(3.) Police on receipt of the written report lodged a regular first information report no.302/2006 for offence under Sections 376, 302 and 201 IPC. After investigation, the charges for the aforesaid offences were framed against the accused-appellant, who denied the same and claimed trial. The prosecution examined as many as 32 witnesses and produced 46 documents. Defence, however, did not examine any witness, but produced five documents. The learned court below on conclusion of the trial, convicted and sentenced the accused appellant in the manner as indicated above. Hence this appeal.;