(1.) This capital appeal arises from a judgement of the Additional Sessions Judge (Court no. 6), Budaun dated 31.1.2013 in S.T. No. 505 of 2012 whereby the appellant Akhtar has been awarded a sentence of death under Section 302 I.P.C together with a fine of Rs. 25,000/. The appellant Akhtar has also been sentenced to imprisonment for life under section 376 I.P.C and a fine of Rs. 25,000/, and under section 201 I.P.C, appellant Akhtar has been sentenced to 7 years RI and a fine of Rs. 7000/. A death reference has also been forwarded to this Court by the Sessions Judge for confirming the sentence of death awarded to the appellant Akhtar.
(2.) We have heard Sri G.S. Chaturvedi, Senior Advocate, assisted by Sri Ajatshatru Pandey for the appellant and Sri Akhilesh Singh, learned Government Advocate assisted by Sri R.K. Singh and Sri Anand Tiwari, learned A.G.As for the State. Written arguments along with case law have also been filed by the learned counsel for the parties. Background and evidence
(3.) The first information report of this case was lodged by PW-1 Baise Ali, father of the deceased Noor-un Nisha on 4.4.2012 at 8.15 p.m at the police station Ujhani. This FIR alleges that Noor-un Nisha aged about 12 years had gone to graze her buffaloes in the afternoon in the direction of J.S. Talkies. When she did not return till 5.00 p.m then a search was made for her by the informant and other residents of the Mohalla. At about 6.00 P.M, when the informant, his brother Afzal and Mohalla neighbours Afzal and Islam were crossing the lane in front of the house of the appellant near Sapra Guest House, they saw the appellant throwing the body of Noor-un Nisha out side his house. The informant and other persons caught hold of the appellant Akhtar in Mohalla Gaddi Tola. Noor-un Nisha had died and there was a round mark on her neck and there were injuries on her body. With the help of Baise and Afzal , the appellant was brought to the police station where a report was lodged alleging that the appellant Akhtar had raped and murdered Noor-un Nisha on 4.4.2012. The case was registered at the police station at Crime No. 605 of 2012 under sections 375, 302, 201 I.P.C in the presence of the investigating officer Ashok Kumar Singh.
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