ALOK SINGH, RAVINDRA MAITHANI
State Of Uttarakhand – Appellant
Versus
Jai Prakash – Respondent
JUDGMENT
Ravindra Maithani, J. - I have had the benefit of reading the judgment of Brother, Alok Singh, J. I concur with the conclusion, but I still elaborate my own views in arriving at the conclusion.
2. Facts have already been disclosed. The victims parents, were labourers, who were residing in the makeshift huts at the construction site. She was nine years old. Her uncle, aunt and their two sons were also staying near to their hut. On the fateful day, victim was playing with her cousins. Suddenly, she went missing. A search was made and finally her dead body was recovered from the hut of the appellant. It was hidden below the empty sacks and other articles. A report was lodged and after investigating charge-sheet submitted against the appellant. After trial, by the impugned judgment and order, the appellant has been convicted and sentenced.
3. On behalf of the appellant, learned counsel would argue that it is a case of false implication; appellant is also a labourer and he was a soft target. He has been falsely implicated in the case. The following points/arguments have been raised on behalf of the appellant:-
(i) FIR is not reliable; it is in contradiction to the averments made
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Sharad Birdhichand Sarda Vs. State of Maharashtra 1984 (4) SCC 116
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State of Assam vs. Mafizuddin Ahmed (1983) 2 SCC 14
Sujit Biswas Vs. State of Assam
Trimukh Maroti Kirkan vs. State of Maharashtra, (2006) 10 SCC 681, p. 689
Venkatesan vs. State of T.N. (2008) 8 SCC 546, P. 460
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