STATE OF GUJARAT Vs. RAJU @ RAJESHBHAI ISHWARBHAI VAGHRI

JUDGEMENT

(1.) Vide judgement and order dated 29.09.2020 passed by Special Judge POCSO and Additional Sessions Judge, Anand in Special (POCSO) Case No.20 of 2017, accused Raju @ Rajeshbhai Ishwarbhai Vaghri, has been convicted for the offences punishable under sections 302, 376A, 377, 363, 364, 397 and 201 of the Indian Penal Code, 1860 (for short "the IPC") and under sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (for short "the POCSO"). He has been sentenced for death and fine for the offence punishable under section 302 of the IPC, sentenced for life imprisonment and fine for the offence punishable under section 376A of the IPC, sentenced for 10 years imprisonment and fine for the offence punishable under section 377 of the IPC, sentenced for 05 years imprisonment and fine for the offence punishable under section 363 of the IPC, sentenced for 10 years rigorous imprisonment for the offence punishable under section 364 of the IPC, sentenced for 07 years imprisonment for the offence punishable under section 397 of the IPC and sentenced for 05 years imprisonment for the offence punishable under section 201 of the IPC. Accordingly, the judgement and order convicting and sentencing the accused has been referred to this Court by Special Judge (POCSO) and Additional Sessions Judge, Anand by a communication dated 26.10.2020 for confirmation of death sentence under section 366 of the Code of Criminal Procedure, 1973 (Cr.P.C.). The opponent accused has not preferred any appeal against his conviction and sentence. However, the provisions of section 368 of the Cr.P.C. empower the High Court to confirm the sentence, or pass any other sentences warranted by law.

(2.) The case of the prosecution in nutshell is that the complainant namely, Sarojben Dineshbhai Chhotabhai Talpada, the mother of the victim, who is examined as PW-2 had lodged the complaint on 15.02.2017 (Exh.24) at Khambat Rural Police Station inter alia stating that at around 9 O'clock in the morning of 14.02.2017 at Village Finav, Valmik Vas, Taluka Tarapur, Dist. Anand her daughter was kidnapped by unknown person. As per the charges framed at Exh.6, the accused had committed rape and sodomy and thereafter, murdered the four year old daughter of the complainant. It was also established that he had also sold the gold and silver ornaments, worn by the victim.

(3.) The investigation was initially undertaken by Police Sub-Inspector, V.B.Chaudhry for the offence under section 363 of the IPC but subsequently since the offence was found to be serious in nature that of murder and rape, the same was handed over to the In-charge Circle Police Inspector, Priteshkumar Jayantibhai Patel (PW-24). The accused was arrested on 15.02.2017 at 04:30 p.m., which can be ascertained from the panchnama at Exh.33.