Md.Mannan @ Abdul Mannan vs State Of Bihar

3. According to the prosecution, the appellant Md. Mannan was working as mason and engaged for the plaster work at 3 the residence of informant's uncle PW-8 Devikant Jha. On 28th of September, 2004, the appellant gave Rs.2/- to the niece of the informant, namely, Kalyani Kumari aged about 8 years to bring betel from a shop at Hanuman Chowk. After some time, appellant left the work, went to the Hanuman Chowk and got seated Kalyani Kumari on the carrier of his bicycle.

PW-5 Maya Devi and other women heard the conversation which the appellant was having with Kalyani Kumari.

Appellant, according to women folk, asked Kalyani Kumari as to where her father lives to which she replied that he stays at Bombay. A search was made when Kalyani Kumari did not return home for sometime and in the course thereof, it surfaced that she was seen going on a bicycle with a man.

The informant Sharwan Kumar Jha (PW-10) and his family members set out in search of the girl and while they were returning from Bahera saw the appellant going towards Bahera. Appellant tried to escape but was apprehended and on enquiry he showed ignorance about the girl. Appellant was brought to the residence of the informant where PW-5 Maya Devi disclosed that she had seen the appellant who had taken 4 away Kalyani Kumari on his bicycle. Thereafter, the appellant was brought to the Police Station and handed over to the officer-in-charge with a written report, for taking suitable action, alleging that the appellant had kidnapped Kalyani Kumari. On the basis of the aforesaid information, a case was registered and PW-11 Hari Ram, the officer-in-charge took up the investigation.

4. During the course of investigation, the appellant gave a confessional statement in the presence of the witnessess Amar Kishore Jha (PW-2) and Devi Kant Jha (PW-8) and other villagers. The appellant confessed his guilt and disclosed the place where he had raped and killed Kalyani Kumari. The statement given by the appellant led to the recovery of the dead body of Kalyani Kumari from a field. She was identified by the informant and other villagers. The dead body of Kalyani Kumari had injury on the private parts, her nails were munched and there were marks of bruises all over the body.

The Inquest Report was prepared and the dead body was sent for post-mortem examination which was conducted by PW-4 5 Dr. Prafulla Kumar Das, a Tutor in the department of Forensic Medicine and Toxicology at Darbhanga Medical College and Hospital. Police, after usual investigation, submitted charge-

5. The prosecution in order to bring home the charge has examined altogether 11 witnesses besides a large number of documentary evidence, including the First Information Report, the Post-mortem Report and the Inquest Report, were exhibited. The plea of the appellant in the statement under Section 313 of the Code of Criminal Procedure is denial simplicitor and false implication. However, no defence witness has been examined.

7. All these circumstances led the trial Court to hold that the chain is complete which points towards the guilt of the appellant and accordingly convicted him as above. In the opinion of the trial court, the case fell in category of the rarest of the rare cases and accordingly it inflicted the death penalty.

These injuries show the gruesome manner in which she was subjected to rape. The victim of crime is an innocent child who did not provide even an excuse, much less a provocation for murder. Such cruelty towards a young child is appalling.

The appellant had stooped so low as to unleash his monstrous self on the innocent, helpless and defenceless child. This act no doubt had invited extreme indignation of the community and shocked the collective conscience of the society. Their expectation from the authority conferred with the power to adjudicate, is to inflict the death sentence which is natural and logical. We are of the opinion that appellant is a menace to the society and shall continue to be so and he can not be reformed. We have no manner of doubt that the case in hand falls in the category of the rarest of the rare cases and the trial court had correctly inflicted the death sentence which had rightly been confirmed by the High Court.

19. In the result, we do not find any merit in this appeal and same is dismissed accordingly.

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