JAI PRAKASH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) A simple afternoon of play and frolic with family members yielded catastrophic results for a 10-year-old female child. The most innocent desire of either a candy or a toy was exploited in the worst manner possible by the appellant. He lured innocent children to his dwelling, took his pick from among them and let the others go. He allegedly assaulted and exploited her, killed her and then, if the prosecution is to be believed, lied to the parents of the victim saying that he was not aware of her whereabouts. The Courts below have concurrently found the appellant to be guilty of offences against the victim and also of taking her life. This Court is now called upon to examine the correctness of these conclusions.

(2.) The present Appeals arise from the final judgment and order dtd. 7/1/2020, passed by the High Court of Uttarakhand at Nainital in Criminal Jail Appeal No.64 of 2019 & Criminal Reference No.02 of 2019, whereby the Judgment and sentencing Order dated 26th/28/8/2019 passed by Fast Track Court, Special Judge (POCSO)/Additional District and Sessions Judge, Dehradun, in Special Sessions Trial Number 119/2018, convicting the appellant under Ss. 376, 377, 302 of the Indian Penal Code, 1860[hereinafter referred to as 'IPC'] and Sec. 5/6 of the Protection of Children from Sexual Offences Act, 2012[hereinafter referred to as 'POCSO'] came to be affirmed. The punishment handed down to the appellant by the Courts below was of death penalty, for the murder of the victim, whose name[hereinafter referred to as 'X'] stands redacted in view of the judgment of this Court in Nipun Saxena v. Union of India,(2019) 2 SCC 703. Prosecution Case

(3.) The case set out by the prosecution against the appellant, as emerging from the record and also as set out by the Courts below, is as under :