IN REFERENCE DILEEP BANKAR Vs. STATE

JUDGEMENT

(1.) The Sessions Judge, Bhopal vide impugned judgment dated 21-2-2013 passed in Sessions Trial No. 28/2006 has sentenced the appellant to death for committing rape and murder of a minor girl aged about 5 years. The appellant has also been convicted for offences under Sections 363, 366 and 376(2)(f) of the Indian Penal Code and sentenced to life imprisonment and other terms of imprisonment with fine stipulations. The Sessions Judge has made reference of the proceeding for confirmation of death sentence to the High Court. Being aggrieved by the impugned judgment, the appellant has also preferred Criminal Appeal No. 647/2013. Since the reference and the appeal arise out of the same judgment, both are being decided by this common judgment.

(2.) The relevant facts giving rise to filing of the appeal, briefly stated, are that the victim was a minor girl aged about 5 years and was a daughter of one Satnam Singh. On 10-8-2005 she was playing with her brother-Chhutu alias Jagmohan near a temple situated adjacent to her house. The appellant at that time went there took her away. Thereafter, he committed rape on her and throttled her to death. When the victim did not return home till evening, her father lodged a report. The Investigating Officer during the course of inquiry learnt that one person whose appearance resembled with the appellant was last seen with the victim. The appellant was interrogated and a memorandum statement was prepared, on the basis of which, body of the victim and shirt containing dust particles and hair were recovered from the appellant.

(3.) The body of the victim was sent for postmortem examination, which was conducted by Dr. Mukesh Goyal (PW-12). The following injuries were found on the body of the victim which is evident from the postmortem report (Exhibit-P-55):