VEERENDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant, who was to avuncularise being the cousin brother of victim's mother, was found to have stripped, stuprated and strangled to cause her death. The incident took place on 19/9/2014 between 08:30 pm and 09:30 pm, inside the ruined bada (used in the sense 'varanda') of Jagan Sindhi, which is a dilapidated, worthless building, situated at Thakur Das Baba Road, Dabra in the district of Gwalior in Madhya Pradesh. Hereafter in this judgment it will be referred to as "occurrence place" only, for brevity. The victim was aged 8 years. The appellant, who is a convict - awarded with capital sentence, calls in question the common judgment dtd. 14/7/2016 of the High Court of Madhya Pradesh at Gwalior in Criminal Reference Case No.101/2015 titled as "State of Madhya Pradesh vs. Veerendra" and in Criminal Appeal No.39/2015 titled as "Veerendra Vs. The State of Madhya Pradesh". Over the stated incident, Crime No.857/2014 was registered at Police Station, Dabra, soon after the noon of night, to be precise at 00:05 hrs on 20/9/2014. The appellant was arrested on 20/9/2014 at about 04:00 pm. Upon culmination of the trial for offences punishable under Ss. 364A, 376A, 376(2)(i), 302 and 201 of the Indian Penal Code (for short, "IPC") and Sec. 6 of the Protection of Children from Sexual Offence Act, 2012 (for short, "POCSO Act") in Session Trial No.642/2014 before the Court of IInd Additional Sessions Judge, Dabra, conviction was recorded against him for the offences punishable under Ss. 302, 376A, 376(2)(i) IPC and Sec. 6 of POCSO Act. Consequently, he was awarded death sentence on first two counts, subject to confirmation by the High Court and life sentence under the 3rd and 4th counts besides sentence of fine of Rs.2,000.00 each, on all counts. All the substantive sentences were ordered to run concurrently. As ordered under the said judgment, in respect of sentence of capital punishment, reference was made to the High Court of Madhya Pradesh as CRRFC.01/2015. The appellant herein filed Criminal Appeal No.39/2015 challenging his conviction for the stated offences and consequential sentences imposed therefor. As per the common judgment, the High Court partly allowed the appeal as well as the reference made to it as hereunder: -

(2.) Briefly stated, the prosecution case is as follows:

(3.) Before the trial Court, for establishing the aforesaid charges against the appellant, the prosecution had examined PWs 1 to 19 and marked exhibits P-1 to P-26 documents besides identifying the material objects. In the examination under Sec. 313 of the Code of Criminal Procedure (for short 'Cr.P.C.') the appellant had failed to explain the incriminating circumstances against him. Though he was asked to enter on his defence he did not adduce any evidence. Upon analyzing the evidence on record, viz., the chain of events and circumstantial evidence thereof, the trial Court convicted and sentenced him as afore-stated. It is in reappreciation of the said chain of events and the circumstantial evidence that the High Court partly allowed the aforesaid appeal and also the Criminal Reference Case, in the stated manner.