BHAGWANI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Leave granted. These Appeals are preferred against the judgment of the High Court of Madhya Pradesh by which the conviction and sentence of the appellant by the Trial Court under Sections 363, 366A, 364, 346, 376D, 376A, 302, 201 of Indian Penal Code, 1860 ("IPC") and Section 5(g)(m) read with Section 6 of The Protection of Children from Sexual Offences Act, 2012 (for short "the POCSO Act") were upheld.

(2.) At 9.00 p.m. on 14.04.2017, Brijlal Yadav (PW-2) along with his wife Kalawati (PW-1), two sons and his daughter went to the house of Anil Maravi to attend a function of Chowk Barhon (naming ceremony). While they were returning back at around 11.00 p.m., they realized that their daughter was missing. They started searching and at about 5:00 AM on the next day, PW-1 found her daughter lying near a hand-pump. Her daughter was in an unconscious condition. PW-1 started howling at which PW-2 and others reached the place and called the police. The District Scientific Officer, Scene of Crime Unit, Dindori, Madhya Pradesh conducted inspection of the place of incident. According to the inspection report, the body of the deceased was lying in a supine position and on the back side of the head of the deceased, there were multiple small pieces of dry grass and Gokhru (Caltrop) in the hair. There was a dry bark of drumstick tree also in the hair. Both eyes were closed. Froth from the nose was observed, small internal injuries were visible and on the left side and right side of the chin, there were small marks of injury. Small injury marks were found in front and left side to the neck. Blood was present in the genitalia. On the sole of the right leg, there was blood. Blood was also present above the ankle of the right leg. There were scratch marks on the left side of the chest and another scratch type of mark below the chest. Blood spots were found on both thighs up to genitalia. Blood was found on the back of the thigh and near anus. Small injury marks were present on the entire back and waist. Directions were given to the investigating officer to send the body for post-mortem and to collect, preserve and pack the visible objects found at the place of occurrence. Further direction was given to seize the clothes worn by the prosecutrix and get them examined. Post-mortem was conducted at 4.00 p.m. on 15.04.2017 by PW-6 Dr. Sajjan Kumar Uikey who found the following injuries: -

(3.) On suspicion, the Appellant and Satish s/o Jehar Singh Dhoomketi were arrested on 16.04.2017. The statement of Satish was recorded pursuant to which the blanket and shawl of the deceased and clothes worn by him were seized. Similarly, the clothes worn by the Appellant which were concealed in his cowshed were seized pursuant to the statement made by him. On completion of investigation, the final report was filed on 27.06.2017. Charges were framed against Satish and the Appellant under Sections 363, 366-A, 364, 346, 376D, 376A or in the alternative under Sections 302, 201 IPC and Section 5(g)(m) read with Section 6 of the POCSO Act. 12 witnesses were examined by the prosecution. The Sessions Judge, Dindori convicted the Appellant and Satish for the offences charged and sentenced them to death. The High Court answered the reference against the Appellant and Satish by upholding the conviction and sentence imposed by the Trial Court. Aggrieved thereby, the Appellant and Satish approached this Court. During the pendency of the Appeals, Satish died and therefore, his Appeal has abated.