RAJESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The accused-appellant has been convicted for the offences under Section 302, 376 (2)(f) and 377 of the Indian Penal Code (for short, 'the IPC'). For the offence under Section 302 IPC, the accused-appellant has been sentenced to death whereas for the other offences, he has been sentenced to rigorous imprisonment for life.

(2.) We have heard the learned counsels for the parties.

(3.) The prosecution case in short is that the victim, a minor girl aged about seven years, was the daughter of one Param Singh (PW-6), who is related to the appellant. As the appellant and his wife were issueless, the appellant had requested Param Singh (PW-6) to hand-over the custody of his daughter so that he could bring her up as his own daughter. According to the prosecution while there were no problems with the upbringing of the child initially, soon, the child was treated with cruelty and subjected to beating and harassment which often led to the child weeping and crying aloud which could be heard by the neighbours. According to the prosecution, whenever the neighbours (who were examined in the case) used to ask the appellant and his wife the cause for the child crying, they were given vague and evasive answers. According to the prosecution on 26.09.2012, one Balram Rathore (PW-2), a neighbour of the accused-appellant, had lodged a report with the police that about 10.00 p.m. on that date he had met the appellant carrying the child in his arms and on being asked what had happened to the child, he was told by the appellant that the child has died. On the basis of the aforesaid report police had registered a case and after investigation thereof charge-sheeted the accused and sent him for trial where he was convicted as aforesaid.