IN REFERENCE Vs. RAJARAM @ RAJKUMAR

JUDGEMENT

(1.) The criminal appeal and the criminal reference have been filed being aggrieved of the judgment of conviction dtd. 20/4/2023 and sentence dtd. 21/4/2023 passed by learned Special Judge (POCSO Act), District Khandwa in S.C. No.125 of 2022, convicting the accused Rajkumar @ Rajaram with Death penalty for the offence punishable under Sec. 6 of the Protection of Children from Sexual Offences Act. He is also convicted under Sec. 307 of IPC and sentenced to undergo R.I. for Life with fine amount of Rs.2,000.00 with default stipulation of one month, Sec. 363 of IPC and sentenced to undergo R.I. for 7 years with fine amount of Rs.2,000.00 with default stipulation of one month, Sec. 450 of IPC and sentenced to undergo R.I. for 7 years with fine amount of Rs.2,000.00 with default stipulation of one month and Sec. 201 of IPC and sentenced to undergo R.I. for 7 years with fine amount of Rs.2000.00 with default stipulation of R.I. for one month.

(2.) In nutshell, the prosecution case before the trial Court was that on 25/10/2022, a four years minor girl daughter of PW-2 came from his village in the house of PW-1 along with PW-5. In the intervening night of 30/31/10.2022, the complainant (PW-1) along with his wife PW-6 was sleeping outside his hut whereas his son PW-7 and the victim were sleeping in the cot inside hut. PW-6 closed the door and put latch on the gate. In the morning at 05:00 AM, PW-6 went inside the house, she saw that PW-7 was sleeping alone in the cot and the victim was not in the cot. She inquired from PW-7. On that, he replied that he thought that the victim was sleeping with parents. After that, search was made in nearby places and relations. Intimation was sent to her parents. On 30/10/2022, the appellant came into the hut of the PW-1 and demanded a cot to sleep. PW-1 had given him a cot and at some distance from the hut, the appellant was sleeping in the cot. In the morning, when they saw the appellant was also not found in his cot, hence on the doubt, the appellant was arrested. On his disclosure, the victim was recovered from the Mango Garden of Kripal Singh in injured and unconscious condition. The victim was immediately rushed to hospital where she was given first aid and after that from Khandwa, she was rushed to Bombay Hospital, Indore. From the spot, incriminating articles were recovered. After usual investigation, charge- sheet was submitted before the Special Judge (POCSO Act) for the offence punishable under Ss. 363, 376(a), 376 (a b), 450, 307 and 201 of IPC and under Sec. 3/4, 5(m)/6, 5(i)/6, 5(r)/6 of the POCSO Act.

(3.) The trial Court framed the charges under above mentioned Sec. and on that appellant abjured the guilt and prayed for trial.