BAL GOVIND Vs. STATE OF U.P.

JUDGEMENT

(1.) The appellant - Bal Govind alias Govinda was tried in Special Sessions Trial No. 198 of 2020 and by the order of Special Judge, Pocso Act /Additional District and Sessions Judge, Jaunpur dated 6/3/2021 has been convicted under Ss. 302, 376 AB, 201, 363 of the Indian Penal Code (for short IPC) and under Sec. 5/6 of Protection of Children from Sexual Offences Act, 2012 (for short POCSO Act) and, by order dated 8/3/2021, awarded punishment as follows:

(2.) As death sentence was awarded, a reference (i.e. Reference No.4 of 2021) was made to the High Court under Sec. 366 Cr.P.C. for confirmation of death penalty. The appellant, who is in jail, expressing his inability to engage a counsel of his choice, requested for submission of his appeal against the order of conviction and sentence. As a result, the Superintendent District Jail, Jaunpur wrote a letter to the Secretary Legal Services Authority, Jaunpur to present a Jail appeal on behalf of the appellant. In furtherance whereof, the Secretary, Legal Services Committee, High Court Allahabad, by letter dated March 20, 2021, after examining the claim of the appellant that he was not in a position to engage a counsel to submit his appeal, appointed Sri Vinayak Mithal Advocate from the panel as a counsel to represent the appellant and submit appeal and submissions on behalf of the appellant before the High Court. Whereafter, this appeal against the aforesaid judgment and order of conviction and sentence was reported and registered as Capital Cases No.5 of 2021, and admitted, on 5/7/2021, for hearing.

(3.) (i) The prosecution case was instituted on a thumb marked written application i.e. Exb. Kha-1, dated 08.08.2020, submitted by Kolai @ Bakey Lal i.e. the father of the deceased, which was registered as first information report (for short FIR) (Exb. Ka-3) on 08.08.2020, at 10:30 hrs, at Police Station (for short P.S.) Madhiyahun, District Jaunpur; the Chik FIR reflects the name of the place of occurrence as village Kumbh about 8 km away from the police station. In the FIR, it is alleged: (i) that informant's daughter Reshmi Saroj (the deceased), aged 11-12 years, was enticed away by Musahar Balgovind @ Govinda, a resident of district Chandauli, who stays in his Sasural (in-laws place) at village Kumbh, and Nandu Musahar, a resident of village Kumbh, district Jaunpur, on 06.08.2020 at about 8.00 p.m; (ii) that the informant and his family members were searching for Reshmi but she could not be found; and (iii) that on 08.08.2020, upon information that body of a girl has been found in a Maize field of Munni Lal son of Niranjan, the informant went to the spot, with fellow villagers, and found the body of his daughter (Reshmi). The FIR was registered for offences punishable under Ss. 363, 302 and 201 I.P.C. against the appellant and Nandu Musahar. The inquest proceeding as per the record commenced on 08.08.2020 at about 16.30 hrs and completed by 19.00 hrs. Inquest report (Exb. Ka-1) was prepared by Ramdavar Yadav (PW-7). Inquest witnesses were Kolai Saroj (informant); Sonu Saroj; Sushil Saroj (PW-3); Pradeep Kumar (PW-4); and Ramakant Saroj. In the inquest report it was observed that the body of the deceased had a blue colour Kurti and a torn dirty white colour undergarment. The body and the clothes were sealed and sent for post-mortem / forensic examination. Sample of bloodstained earth and plain earth from where the body was recovered was taken and a memo was prepared on 08.08.2020 by Prabhari Nirikshak Trivenilal Sen (PW-11). On 09.08.2020, at about 3:35 pm, autopsy was conducted by Doctor Ashok Kumar Baudhist (PW-9) and an autopsy report (Exb. Ka-5) was prepared.