IMTIYAZ MURTAZA, J.

( 1 ) THIS criminal appeal has been filed against the judgement and order dated 28. 3. 2004 and sentence dated 5. 8. 2004 passed by Addl. Sessions Judge, J. P. Nagar in S. T. No. 388 of 2000 whereby the appellant Raj Kumar has been convicted and sentenced to death under Section 302 I. P. C. and imprisonment for life under Section 376 i. P. C.

( 2 ) THE brief facts, mentioned in the report lodged by Sheel Chandra are that on 9. 10. 2000 at about 9 p. m. his daughter Km. Rinki aged about 8 years was returning to her house from his shop. While she was going back to her house she was enticed away by Raj Kumar. When his daughter did not return they started searching her and announcement was also made from the loud speaker of Ramlila. In the morning the dead body of his daughter was found in the field of Girish Tyagi. It is alleged that raj Kumar strangulated her after committing rape. After registration of the case Han Maya Sharma had commenced investigation. He reached at the place of occurrence and on his direction S. I. Late raja Vats prepared the inquest report. He recorded the statement of Sheel chandra, Sanjai, Shiv Om, Raj Kumar, stya Prakash and Suresh and also prepared the site plan, which is Ext. Ka-13. He also prepared the recovery memo of blood stained and plain earth, which is ext Ka-14. S. I. Raja Vats had also prepared letter to the" C. M. O. Ext. Ka-15. He had arrested the accused. The chik report was prepared by Sunil Kumar, Ext. Ka-16 and G. D. entry, Ext. Ka- 17.

( 3 ) THE post-mortem of the deceased was conducted by Dr. Sunil kumar. He had mentioned the age of the deceased about 8 years and probable time of death was also 3/4 day. He noted the following ante mortem injuries on the body of the deceased: 1. Abraded contusion (tooth bite)in oval fasion 4 cm. X 2. 5 cm. over right cheek. 2. Abraded contusion (tooth bite)in oval fashion 4 cm. x 2 cm. over left cheek. 3. Abraded contusion 9 cm. x 3 cm. over front of neck.

( 4 ) THE doctor also examined the vagina of the deceased and found no scratch marks over thigh, labia minor lacerated and hymen lacerated with bleeding. In the internal examination he found fracture of cornea of hyoid bone with congested trachea and bleeding in underlying tissues and in the opinion of the doctor cause of death was asphyxia as a result of strangulation.

( 5 ) AFTER the submission of charge sheet, the case was committed to the court of Session. The prosecution had examined 7 witnesses in support of its case. P. W. I Sheel Chand, P. W. 2 khachedu, P. W. 3 Shiv Om, P. W. 4 Dr. N. B. Sharma, P. W. 5 Sunil Kumar, P. W. 6 s. I. Shiv Raj Singh and P. W. 7 Hari Maya sharma. The case of the defence was of denial.

( 6 ) P. W. 1 Sheel Chandra, informant deposed that the occurrence had taken place about 1 year and four months back. His daughter Km. Rinki brought tea at his Pan shop, situated at Dhabarsi Bus stand. He had also given her money but she did not reach home. He had started search for his daughter. Anant had seen her alongwith Raj Kumar in the Mela. Announcement was also made from the loud speaker. In the field of Geerish Tyagi her dead body was recovered. His wife had also seen blood in the private part of the deceased. He further deposed that Raj kumar had committed rape. There were injuries on her cheek and she was strangulated. The report was scribed by shivam Patrakar and he had made his thumb impression over it, the report is ext. Ka-1. He also stated that the time of occurrencethere was a Ramleela Mela. She had left his Pan shop at 9 p. m. Anant kumar had told him that he had seen his daughter alongwith Raj Kumar. His daughter was studying in class IV. His shop was opened up to 10 p. m. His daughter use to come at his shop occasionally. Raj Kumar also used to come and sit at his shop. He further deposed that after about 6 days of lodging of the report he had given another application to Daroga alongwith photograph of the deceased, which is paper no. 5.

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