IN REFERENCE Vs. ANOKHILAL

JUDGEMENT

(1.) The Sessions Judge, Khandwa, by his judgment dated 4.3.2013 passed in Sessions Trial No.53/2013 has sentenced accused Anokhilal to death for committing the murder of a minor girl, aged nine years, after raping and performing carnal sex with her. He has also convicted the accused for offences under sections 376(2)(f),' 363, 366 and 377 of the Indian Penal Code and sentenced to life imprisonment and other terms of imprisonment with fine stipulations. All the sentences have been directed to run concurrently. The Sessions Judge has, therefore, made a reference to the High Court. Being aggrieved with the conviction, the accused has also filed Criminal Appeal No.248/2013. The reference and criminal appeal are being decided by this common judgment.

(2.) The relevant facts are these. Victim of the incident was a minor daughter, aged nine years, of Ramlal (P.W.2) and Shantu Bai (P.W.3). Although Ramlal belongs to village Langoti, he has shifted with his family to village Surgaon Joshi, District Khandwa, where he to employed as Chowkidar in a school. Ramlal lives in a room provided by the school within its premises which is in the outskirts of village. The accused also belongs to neighbouring village Dabhiya of the village of Ramlal and he too had started living in village Surgaon Joshi because of his employment since 5/6 months prior to the date of incident. The accused and Ramlal were, thus, known to each other. On 30.1.2013 sometime in the evening the accused came to the house of Ramlal and gave money to the victim to bring "bidi" for him from a kirana shop. After the victim left, the accused also left the house of Ramlal on a false pretext of attending a telephone call. And later when the victim did not return home, Ramlal went to Police Station Chhaigaon Makhan, Khandwa, and narrated the incident. The police recorded this information as of missing person vide Ex. 1. On 1.2.2013, during search, Ramlal and other villagers found the dead body of victim on a mud bound of an agricultural field. Her body was then carried by Ramlal to his house. Information in this regard was made at the police station which was recorded as Ex.2. The police thereafter prepared Panchayatnama, Ex.5, of the body and seized hairs, eight in number, from the fist of victim. The police also prepared spot map, Ex.3, and seized blood stained soil, one match box, a packet of biscuit and a coin of rupees five vide seizure memo, Ex.6, from the spot.

(3.) Since the accused had absconded, the police could arrest him on 4.2.2013. He was then referred to the doctor on 5.2.2013 for his medical examination. Dr. Anil Tantwar on examining the accused found scratch mark over lateral aspect of left side and right side of his neck. He also found the accused capable of performing sexual intercourse. The medical report of Dr. Anil Tantwar is Ex. 16. He even prepared the specimen of the pubic hair, semen slides, underwear, head hair, skin slide and blood sample of the accused. Dr. Anil Tantwar thereafter handed over the specimen of these articles in a sealed condition to the police for their chemical analysis.