IN REFERENCE Vs. VIJAY RAIKWAR

JUDGEMENT

(1.) THE Additional Sessions Judge, Rehli, District Sagar, by his judgment dated 23.12.2013 passed in Sessions Trial No.49/2013 has sentenced accused Vijay Raikwar to death for committing the murder of a minor girl, aged 71/2 years, after raping her. He has also convicted the accused for offences under sections 376(2)(f) and 201 of the Indian Penal Code as well as section 5(i), 5(m) and 5(r) read with section 6 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to life imprisonment and other terms of imprisonment with fine stipulations. All the sentences have been directed to run concurrently. The Additional Sessions Judge, having sentenced the accused with death penalty, has made a reference to the High Court. Being aggrieved with the conviction, the accused has also filed Criminal Appeal No.198/2014. By this common judgment we are deciding the reference as well as criminal appeal. It is, however, to be noted that the learned Additional Sessions Judge by the same judgment acquitted co -accused Rajkumar Raikwar of the charges under sections 376(2)(f) and 201 of the Indian Penal Code for concealing the evidence.

(2.) THE relevant facts are these. Victim of the incident was a minor daughter, aged 71/2 years, of Chutai Raikwar alias Chotelal Raikwar (P.W.1) and Kamal Rani Raikwar (P.W.3). They also have five more children including a daughter Bharti Raikwar (P.W.4) aged four years. They resided in village Chhirari falling within the jurisdiction of Police Station Rehli, District Sagar. In the same village accused also started living since 2 -3 years prior to the date of incident. He too has a younger sister Janki Raikwar (P.W.9) almost of the same age as of victim. Janki and victim were, thus, friends and played together.

(3.) ON the evening of 7.12.2012 Chutai returned home after work. He and Kamal Rani then went to market but when they came back to their house, they did not find the victim. At that point of time, mother Siya Rani (P.W.2) of Chutai also came and inquired about the victim. Bharti disclosed that victim was playing in the house of accused. Therefore at about 8:00 p.m. Chutai, Kamal Rani and Siya Rani went towards the house of accused and on way met co -accused Rajkumar. On their asking Rajkumar informed that he had seen the accused in the accused s house lying under a cot kept in the verandah and that he was pressing something. But when Chutai, Kamal Rani and Siya Rani reached the house of accused, they neither found him nor the victim. They, however, found victim s blue frock (school uniform) on the cot and blood stains on the bed mattress. On further search they found naked dead body of victim lying by the side of road near an electric pole at a distance of 50 -60 steps from the house of accused. The body had injuries all over the face, neck and also private parts from where bleeding was present. Seeing this, Chutai immediately went to village Sarpanch Chakresh Jain (P.W.13) who in turn telephonically called the police. When the police reached the spot at about 10:30 p.m. Chutai narrated the incident as mentioned above against the accused. This information was recorded as Dehati Nalishi, Ex.P1, by the Station Officer V. D. Pandey (P.W.29). Immediately thereafter, First Information Report Ex.P22 was also recorded. The police then prepared Panchayatnama, Ex.P4, of the body as well as spot map, Ex.P6. The police also seized the frock of victim, bed -mattress and bedcover which had blood stains from the cot kept in the verandah of the house of accused. And on opening the door of a room adjoining to the verandah, the police seized victim s underwear and paijama. The police even seized blood stained soil from the spot. Munna Prajapati (P.W.5) and Shrikrishna Raikwar (P.W.6) are independent witnesses of these seizures. The seized frock, paijama and underwear were identified to be of victim by Chutai and Siya Rani in the presence of witnesses Chakresh Jain and Rakesh Kumar Nayak (P.W.14) vide Exs. P8 and P9.