Honble CHAUHAN, J.–The alleged sodomy and brutal murder of a eight year old boy forms the background of this criminal appeal. The appellant has challenged the judgment dated 31.7.2002 passed by the Addl. Sessions Judge (Fast Track), Jhunjhunu whereby the appellant has been convicted for offences under Section 377 and 302 IPC. For the former offence, the appellant has been sentenced to 10 years R.I. and fined Rs. 500/- and to further undergo a sentence to fifteen days of simple imprisonment in default thereof. For the latter offence, he has been sentenced to life imprisonment and fined Rs. 2,000/- and to further undergo two months simple imprisonment in default thereof.

(2). The brief facts of the case are that on 7.9.2000 Chhala Ram (PW-1) lodged a report (Ex.P. 1) at Police Station, Chirawa wherein he claimed that ``his young son Mintu, aged eight years, was missing from the afternoon of 2.9.2000. The boy had left the house at 12O clock in order to play. However, when the body did not return back home till 7O clock in the evening, he started to search for him. He was told that the child was seen leaving the house of Jai Prakash and after that he was not seen. Therefore, on 3.9.2000

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