Neutral Citation No. - 2023:AHC:199091-DB

Reserved

CAPITAL CASE No. - 14 of 2022

With

CAPITAL REFERENCE No. 9 of 2022

Surendra Koli ……..Appellant

Versus

State through Central Bureau of Investigation …….Respondent

Counsels for Appellant:- Sri Yug Mohit Chaudhary assisted

by Ms. Payoshi Roy and Sri Siddhartha Sharma, Ms. Mary

Punch (Sheeba Jose) and Sri Mohd. Kalim.

Counsels for Respondent:- A.G.A., Sri Amit Mishra, Sri Gyan

Prakash, Sri Jitendra Prasad Mishra and Sri Sanjay Kumar

Yadav.

Hon'ble Ashwani Kumar Mishra,J.

Hon'ble Syed Aftab Husain Rizvi,J.

(Delivered by Hon’ble Ashwani Kumar Mishra, J.)

1.

Accused appellant Surendra Koli S/o Shankar Ram Koli

(hereinafter referred to as ‘SK’) and Moninder Singh Pandher

(hereinafter referred to as ‘Pandher’) have been tried in

Sessions Trial No. 439 of 2007, arising out of CBI FIR No. RC-

1(S)/2007/CBI/SCB-I/DLI. While accused SK has been

convicted under Sections 364, 376, 302, 404 and 201 IPC, the

other accused namely, Pandher has been convicted under

Sections 3 and 5 of Immoral Trafficking (Prevention) Act, 1956

vide judgment dated 19.05.2022. Accused SK is sentenced to

life imprisonment alongwith Rs. 20,000/- fine under Section

364 IPC; life imprisonment alongwith Rs. 20,000/- fine under

Section 376 IPC; death under Section 302 IPC with a direction

to hang the accused till death, subject to confirmation by the

High Court; two years rigorous imprisonment alongwith Rs.

2

2,000/- fine under Section 404 IPC and seven years rigorous

imprisonment alongwith fine of Rs. 20,000/- under Section 201

IPC. Default sentence has also been awarded for non-payment

of fine of two years additional rigorous imprisonment under

Section 364 IPC; one and half years additional rigorous

imprisonment under Section 376 I.P.C. three months additional

imprisonment under Section 404 I.P.C.; and one and half years

additional imprisonment under Section 201 IPC. Accused

Pandher is sentenced to undergo two years rigorous

imprisonment alongwith fine of Rs. 2,000/- under Section 3 of

the Immoral Trafficking (Prevention) Act, 1956 and to undergo

seven years rigorous imprisonment alongwith fine of Rs.

2,000/- under Section 5 of Immoral Trafficking (Prevention)

Act, 1956. Default sentence has also been awarded for non-

payment of fine of two months and three months additional

imprisonment under Section 3 & 5 of Immoral Trafficking

(Prevention) Act, 1956, respectively. All the sentences were

directed to run concurrently.

2.

The court of sessions has forwarded the judgment dated

19.05.2022, alongwith lower court records, for confirmation of

death sentence under Section 366 Cr.P.C. The confirmation

proceedings have been registered as Reference Case No. 9 of

2022. Jail Appeal is also filed by accused SK, which is

registered as Capital Criminal Appeal No. 14 of 2022. The

reference proceedings dated 25.05.2022 and the capital

criminal appeal arising out of the same judgment dated

19.05.2022 have been heard together and are being disposed

of by this common judgment. In order to protect identity of the

unfortunate victims of Nithari incident, their names are being

anonymized.

3

The Nithari Incident

3.

Nithari is a village abutting Sector-31 of NOIDA, in

District Gautam Buddh Nagar of Uttar Pradesh. It suddenly

became infamous for its missing children and caused massive

uproar in the country. Various complaints were lodged in

respect of such missing children by their parents/guardians

which included the informant Nand Lal, father of a young girl

namely 'L', who too had gone missing on 07.05.2006 and a

complaint was lodged with Police Station Sector-20, Noida. An

application under Section 156(3) Cr.P.C. was filed by the

informant on 24.08.2006 against Moninder Singh and Surendra

residents of D-5, Sector-31, Noid