(1.) Vide instant proceedings, on one hand, State is seeking confirmation of death sentence awarded by Additional Sessions Judge and Special Judge [under Protection of Children from Sexual Offences Act, 2012], Bhokar dtd. 22/3/2021 and 23/3/2021 in Special [POCSO] Case No. 06 of 2021; whereas, on the other hand, convict is also assailing the same judgment on its legality, maintainability and sustainability. Resultantly, both proceedings are taken up and decided by way of common judgment.
(2.) Afternoon of 20/1/2021 turned out to be the darkest of all times and also the last for the little soul born to PW1 and PW10. Unmindful of the outrageous and perverse intentions of her so-called "uncle", she innocently took a last run to be in his company. According to prosecution, this is a classic illustration of how blatant and patent breach of trust can be committed by a person who is like a guardian to child. Accused has victimized a girl child, who, on seeing him arrive, ran towards him only to be ravished at his hands in the very vicinity, where her parents were labouring, probably to give their blood and flesh a bright future. Unfortunately, all their hopes and joys were dashed and shattered within few hours that late afternoon.
(3.) Story of prosecution as is unfolded from the FIR is that, PW1 informant-father and PW10 mother alongwith grandmother of the victim went for their daily agricultural activities in their own field. Accused-appellant was engaged a year back by PW1 for herding buffaloes on yearly basis. As such, accused was well acquainted with informant, his family members including the victim, who was reported to be barely six years of age. On fateful day after mid-day meals at home, when informant and his wife PW10, were about to return to resume their agricultural work, the victim insisted to join them and finally they yielded to her demand and took her along with them and on the way, informant also purchased snacks (kurkure) and they all reached the field.
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