P.C., the appellant has stated that he was a resident of Kuch Bihar West Bengal , and that he had companye to Guwahati three years prior to the incident, to earn his livelihood as a rickshaw puller.
of the said incident.
The appellant in his defence, denied his involvement in entirety.
1 of 2010.
P.C. Facts and circumstances giving rise to this appeal are that On 17.10.2007 at about 7.00 P.M., Sultana Begum Khatoon PW.8 , aged 12 years, was enjoying the celebrations of the festival of Durga Pooja alongwith her sister Sima Khatoon, aged 3 years, at the Nepali Mandir, Guwahati.
3, Kamrup, Guwahati on 21.12.2009 in Sessions Case No.
The appellant was also taken there.
He had then boarded a bus, but had been asked by Apin Dulal PW.1 to get off the same, and many people had gathered there.
Apin Dulal PW.1 agreed to pay him the said amount and thus, the appellant pointed to a place by the side of a municipal canal.
After the companyclusion of the investigation, a chargesheet was filed against the appellant under Sections 376 2 f and 302 IPC.
The appellant allegedly demanded a sum of Rs.20/ to pay for his evening food, in lieu of showing them the place where Sima Khatoon companyld be found.
She was then taken by her brother Gulzar Ali PW.3 to the house.
The High Court companymuted the death sentence of the appellant to life imprisonment, with a direction that the appellant would breathe his last in jail, and that he would number be given the benefit of remissions etc.
Apin Dulal PW.1 and Gulzar Ali PW.3 thereafter succeeded in locating the girl, who they found gasping, wrapped in a jute sack gunny bag .
On the date of the said incident, when he had gone to the place of occurrence to answer the call of nature, he had found Sima Khatoon lying on the ground.
309 K of 2009, companyvicting the appellant under Sections 376 2 f and 302 of the Indian Penal Code, 1860 hereinafter referred to as the IPC , sentencing him to death.
As the appellant denied all charges, criminal trial companymenced.
In the companyrse of the trial, the prosecution examined 10 witnesses in support of its case, and a large number of material objects were also exhibited.
The post mortem examination of the dead body of Sima Khatoon was companyducted by Dr. Pradeep Thakuria, who found various injuries on her body, including an injury to her vagina.
The appellant preferred Criminal Appeal No.
It was numbered that she was number wearing any undergarment at the said time.
After the death of Sima Khatoon, her father also lodged an FIR at the said police station on 18.10.2007.
Apin Dulal PW.1 chased him and managed to catch hold of him, forcing him to get off the bus.
13 J of 2010, which was heard alongwith Death Reference No.
All the seized material objects were sent to the Forensic Science Laboratory, and the report received thereafter, revealed that the blood group of the blood found on the underwear of the appellant, was the same as the blood group of the victim, Sima Khatoon.
The mouth of the bag had been closed.
When he returned from the said place, and while he had been waiting near the Nepali Mandir, Apin Dulal PW.1 and Gulzar Ali PW.3 had asked him whether he had seen one Sima Khatoon, and thus, he had taken them to the place where Sima Khatoon had been lying.
Hence, this appeal.
The blood stained jute sack in which the Sima Khatoon had been found, the blood stained underwear of the appellant, as well as the apparel i.e., frock of Sima Khatoon were taken into custody.
After a shortwhile, Sultana Begum Khatoon PW.8 numbericed that her sister Sima Khatoon was missing, and she also happened to numberice that the appellant had disappeared as well.
Sima Khatoon was alive, but in a critical companydition.
under Sections 432 and 433 A of the Code of Criminal Procedure, 1973 hereinafter referred to as the Cr.
Father of the deceased Sima Khatoon approached the Paltan Bazar police station, where a report was endorsed only in the General Diary.
The appellant was alleged to have been standing behind them at such time.
Sima Khatoon was taken to a Nursing Home, and then to the Guwahati Medical College where she breathed her last at about 1.30 A.M. i.e., in the intervening night of 17/18.10.2007.
However, the doctor has stated that the vaginal smears taken had tested negative for spermatozoa.
After the companyclusion of the trial, the learned Sessions Judge vide judgment and order dated 21.12.2009, found the appellant guilty for the offences punishable under Sections 376 2 f and 302 IPC, and awarded him the sentence of death as has been referred to hereinabove.
In his statement under Section 313 Cr.
They had beaten him severely, and had handed him over to the police, though he was companypletely innocent.
The appellant was taken to the police station by the relatives of Sima Khatoon, and he had thus been arrested on 17.10.2007 itself.
Apin Dulal PW.1 and Gulzar Ali PW.3 therefore began to search for Sima Khatoon, and while doing so, they came across the appellant and asked him whether he had seen Sima Khatoon.
Dr. B.S. CHAUHAN, J. This appeal has been preferred against the judgment and order dated 23.4.2010, passed by the High Court of Guwahati in Criminal Appeal No.
Apin Dulal PW.1 and Gulzar Ali PW.3 thus began to approach the said place, and at such time, the appellant ran away and boarded a bus.
13 J of 2010 rejecting Death Reference No.
1 of 2010 made by the Additional Sessions Judge FTC , No.
Sultana Begum Khatoon PW.8 thus began to look for her sister, and when she companyld number find her in the nearby areas, she went back to her house and informed her brother Gulzar Ali PW.3 and her parents etc.
