VIJAY RAIKWAR Vs. STATE OF MADHYA PRADESH

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.) THE body of victim was soon sent for post -mortem examination which was conducted by Dr. R.S. Thakur (P.W. 10) and Dr. Yogmaya Pauranik (P.W. 11). The doctors found the following injuries on her body: