IN REFERENCE Vs. ANKIT VIJAYVARGIYA

JUDGEMENT

(1.) This criminal reference has been sent by the 5th Additional Sessions Judge, Indore under Sec. 366 of Cr.P.C. for confirming capital sentence awarded to the present appellant. The appellant has also preferred a separate appeal assailing the impugned judgment dtd. 24/2/2020 passed in SPL Case No.53 of 2020 as he stands convicted by the trial Court as under:-

(2.) In brief, the facts giving rise to the present appeal are that on 2/12/2019, PW-1 father of the deceased/victim girl along with his wife PW-2 lodged a report that he is presently staying at a footpath opposite Sai Mandir, Mhow road, Mhow and is engaged in cleaning work near railway station and the PW-2 is living with him as his wife. He also has a daughter around four years old and on 1/12/2019, at around 11 O' clock in the night when he was sleeping along with his wife and daughter, another person Raju, who is garbage collector was also sleeping nearby. He got up around 5 O' clock visible morning of 2/12/2019, he saw his four years old daughter to be missing, thus, he and his wife searched their daughter in the nearby areas and came to know that behind Prashanti Hospital in a dilapidated bungalow a body of a girl was lying and when they went to see it, they found that their daughter was lying on a blue plastic sheet, her underwear was missing and frock was got above her waist and her vagina was also swelling. Thus, a report was lodged that some unidentified person had taken the girl while she was sleeping with them and after committing the rape on her has also murdered her. A case at Crime No.485 of 2019 under Ss. 363, 366, 376, 376A, 376B, 302 and 201 of IPC and Sec. 5/ 6 of The Protection of Children from Sexual Offences Act, 2012 was registered.

(3.) During the course of investigation as the crowed was gathered around the girl's body, the police was not able to prepare lash Panchnama (inquest) at the spot and her body was immediately sent to Madhya Bharat Hospital, Mhow where safina forms were also issued and lash panchnama was also prepared. Postmortem was conducted by PW-15 Dr. M. K. Mahobiya and PW-19 Dr. Rupali Joshi. The place of incident was also thoroughly investigated upon and various samples were also obtained from the soil and the plastic sheet on which the deceased was lying. A white metal ear ring was also seized from the spot. During the investigation on 4/12/2019 various CCTV footage were also searched in which a person was spotted running holding a girl in his hand and in the CCTV cameras of Chopra Vatika, the aforesaid person was clearly visible, who had put a black colour jacket and white colour shoe. He was also spotted in the CCTV footage of Anand. The CCTV footage were also procured in three different pen drives through Sub Inspector Ravindra Panwar. The person spotted in the CCTV footages was also searched in the area and when it was shown to Virendra of Rupali Pansadan and Gajani @ Ashish of the area, they identified the said person to be the present appellant Ankit Vijayvargiya, who resides in front of Prashanti Hospital and he usually comes to smoke Bidi in his shop. A panchnamas to this effect have also been prepared. The aforesaid person was found in his house, who informed his name to be Ankit Vijayvargiya and when inquired about the incident, he confessed having committed the offence. After his arrest, his black jacket, white shoe, a ear ring and mobile were also seized under Sec. 27 of the Evidence Act.