STATE OF MADHYA PRADESH Vs. VEERENDRA

JUDGEMENT

(1.) Since both the matters are connected and arise out of the common judgment dated 27.12.2014 passed by the II Additional Sessions Judge, Dabra, District Gwalior (M.P.) in ST No.642/2014, the present common judgment is being passed.

(2.) The appellant has been convicted of offence under Section 376-A, 302, 376(2)(i) of Indian Penal Code (for short "the IPC") and under Section 6 of the Protection of Children From Sexual Offences Act, 2012 (for brevity "the POCSO Act") and sentenced to death sentence with a fine of Rs.2,000/-, death sentence with a fine of Rs.2,000/-, Life imprisonment with a fine of Rs.2,000/- and Life imprisonment with a fine of Rs.2,000/- respectively. Being aggrieved by the aforesaid judgment, the appellant Veerendra has preferred the present appeal (Criminal Appeal No.39/2015) whereas the Additional Sessions Judge, Dabra, District Gwalior (M.P.) has sent the reference for confirmation of death sentence.

(3.) Facts, in short, are that the deceased/prosecutrix was the daughter of Laxmibai Batham (PW-1). On 19.09.2014, the deceased/prosecutrix, aged 8 years, was sent by Raju, the uncle of the deceased/prosecutrix, to fetch a bundle of Bidi from the shop of Sunil and thereafter she was found missing. Laxmibai (PW-1) had lodged a missing report, Ex.P-1. In the entire night, she could not be traced. On the next day, Sub-Inspector- Shri B.L. Bansal (PW-19) called the applicant Veerendra and his companions including Pappu @ Patiram (PW- 4). After some interrogation, the appellant Veerendra was arrested and arrest memo Ex.P-4 was prepared. He gave the information about the dead body of the deceased and told the details of the incident.