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2022 Supreme(J&K) 128

SANJEEV KUMAR, M. A. CHOWDHARY
Shanker – Appellant
Versus
State of J&K – Respondent


Advocates Appeared:
For the Appellant :Ms. Mandeep Reen, Advocate.
For the Respondent: Mr. Amit Gupta, AAG.

JUDGMENT :

Sanjeev Kumar, J.

This appeal by the appellant (‘the accused’) is directed against the judgment of conviction dated 28.12.2013 and order of sentence dated 31.12.2013 passed by the learned 3rd Additional Sessions Judge Jammu (Designated Fast Track Court for Rape Cases), [hereafter for short ‘the trial Court’] whereby the accused has been held guilty for commission of offences punishable under Sections 302/376 RPC and sentenced to death.

2. Before we advert to the grounds of challenge urged by Ms. Mandeep Reen, learned counsel representing the accused, to assail the impugned judgment and the order of sentence, it is necessary to first elude to complete resume of the prosecution case.

3. On 21.04.2010, at about 11.15 PM, the police of Police Station Satwari received an information through reliable sources that a dead body of an unidentified minor girl of 7/8 years of age was lying below the Digiana Pulli. Since the death of a human being had happened under mysterious circumstances, as such, with a view to find out the cause of death, proceedings under Section 174 Cr.P.C were initiated by Shri Rajesh Sharma, Sub Inspector. He proceeded to the spot and gathered people from the

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