Akhlaq vs State Of U.P

In short, the prosecution case was as under. A written report (Exhibit Ka.1) was submitted at the Polic Station Kotwali. This was on 31.7.79 at 6.10 pm. The written report was submitted by the complainant, Samay Singh (PW.1). In the report it was stated that when the complainant returned home in village Tatarpur from his duty, he enquired from his younger daughter about the whereabouts of his elder daughter Asha (since deceased). The complainant was informed that Asha had gone to answer nature's call. The complainant also enquired from his wife, Brahma Devi (PW.2), about Asha. He was told by his wife that Asha had gone to answer nature's call. However, Asha did not return for considerable time. The complainant became suspicious. He proceeded to search out his daughter Asha at 5 pm. When the complainant reached the maize field of Kanchi he saw a chappal belonging to Asha lying near the boundary of the field. The complainant entered into the field. He found the dead body of his daughter Asha inside the field. A Dhoti was tied around her neck and another chappal was found lying near the dead body of Asha. Her clothes were blood stained. The complainant further found that the golden ear-rings of Asha were missing from her body. Asha was around 20 years old. On the basis of Ex. Ka.1 the Head Constable prepared the F.I.R. The case was registered. The entry was made in G.D. report. The I.O. recorded the statement of the complainant at the police station. He then proceeded to the site of occurrence. On reaching the field of Kanchi the I.O. found the dead body of Asha lying in the field with a Dhoti tied around her neck. The I.O. prepared the inquest report (Ex. Ka.5). He prepared the naqsha (Ex.Ka.7). The I.O., after completing the formalities, handed over the dead body of Asha to constables Bhojvir Singh and Rajvir Singh for post mortem at the district hospital, Bulandshahr. The possession of the chappal was also taken vide Ex.Ka.9. The I.O. inspected the spot on 1.8.79. He prepared the site plan. On 21.8.79 on interrogation Jamil (accused no.2) confessed his guilt. He also promised to get the golden ear-rings recovered from the shop of sarraf. He took the I.O. to the shop of the sarraf. The ear-rings were mortgaged with the sarraf. The name of sarraf was Ram Kishan (PW. 9). After going through the register Ram Kishan took the ear-rings. The ear-rings were taken into custody vide Ex.Ka.4. They were sealed in the presence of Jai Prakash Sharma (PW.10). The necessary formalities were thereafter completed. The ear-rings recovered from the shop were identified on 28.9.79. On 1.8.79 the post mortem was conducted. According to Dr. Surendra Pal Singh, Medical Superintendent (PW.14), the death was caused by strangulation. The doctor found whitish substance near vulva of the deceased. He prepared a slide and forwarded it to the pathologist. The doctor opined that Asha was possibly raped. After completing due investigation, the I.O. submitted the charge-sheet. The three accused Akhlaq (Accused-1), Jamil (Accused-2) and Imtiyaz (Accused-3) denied the charges. They pleaded non-guilty. The prosecution examined 19 witnesses.

3) was present at the house of Babu at that time. Babu, Imtiyaz and Jamil saw Asha going towards the field of Kanchi followed by Akhlaq. They followed Akhlaq. Akhlaq and Asha entered into the maize field. Babu, Imtiyaz and Jamil followed Akhlaq. They saw Akhlaq having sexual intercourse with Asha. Babu, Jamil and Imtiayaz demanded sexual intercourse which Asha refused. Thereafter, Babu and Jamil forcibly had sexual intercourse with Asha. Asha threatened to expose the misdeeds of Babu and Jamil. Babu, therefore, took the Dhoti of Asha tied it around her neck. The three accused

At this stage, we may point that Babu (Accused-4) since died. Akhlaq (Accused-1), Jamil (Accused-2) and Imtiyaz (Accused-3) carried the matter in appeal to the High Court. By the impugned judgment the High Court has confirmed the conviction, referred to above. Hence this criminal appeal. However, the criminal appeal is preferred only by Akhlaq (A-1), appellant herein, and not by other two co-accused.

For the above reasons, we do not find any merit in this criminal appeal and the same is accordingly dismissed.