STATE NCT OF DELHI Vs. MANOJ @ SANOJ @ BHONDO

JUDGEMENT

(1.) Crl. M.A. No. 8145/2013.

(2.) THIS is an application for condonation of 355 days delay in filing the present leave to appeal. For the reasons stated in the application, the application is allowed. Delay in filing leave to appeal is condoned. Application stands disposed of.

(3.) AS per DD No. 28A, police was informed that daughter of the informer had fallen in the tank; the information was assigned to ASI Vijender for making a preliminary inquiry; ASI along with constable Sat Narnia reached at the spot, where he found blood lying on the floor of the roof adjacent to the empty water tank. He also found 2 pairs of sealed chappal inside the tank, one small brown colour Pyjama and one blue colour sleeveless upper wear, one orange colour type hair clip was found. No eye witness was found at the spot. ASI learnt that the child was taken to the hospital by her mother. As per the MLC, the 5 year old child was brought dead to the hospital. He found black colour bruises on both ears and right side of the throat and on the chest. Statement of mother of the child was recorded; and the dead body was sent to the mortuary. As per the statement of the mother, she was residing at the first floor of E -34, near Mata Chowk, Mahipal Pur, New Delhi on rent along with her mother and daughter; her husband had gone to Nagaland two months ago. She was on duty at Indian Spinal Injury Hospital, Vasant Kunj, New Delhi from 2:00 p.m. to 8:00 p.m., where she was working as a staff nurse. At about 4:45 p.m. she had left the house for duty leaving her mother and daughter at home. She received a call at 2:30 p.m. from her neighbour, Vinod, who asked her to speak to her mother. Her mother informed that her daughter was missing. On reaching home, she tried to trace her daughter at the terrace; when she was searching for her daughter, she found Manoj Thapa standing there; she asked him if he had seen her daughter, upon which he told the mother of the deceased that he was also searching for her. She was then informed by her Aunty that her daughter was in the Sintex tank. She searched 2 tanks but did not find her daughter. The Aunty told her to go to the roof of the other house, where she found her daughter. In the meanwhile, Manoj had run away from there.