IN REFERENCE RECEIVED FROM 4TH ADDL. SESSIONS JUDGE, CHHATARPUR AND OTHER Vs. TOUHEED MUSALMAN AND OTHER

JUDGEMENT

(1.) Being aggrieved by the judgment dated 06.08.2018 passed in Special Case No. 47/2018 passed by IV Additional Session Judge, Chhatarpur (MP) convicting the accused for charges under Sections 376(A)(B) and 450 of Indian Penal Code (hereinafter referred to as "IPC") and directing him to undergo death sentence and rigorous imprisonment for 10 years with default stipulations, the Criminal Appeal No. 6090/2018 has been filed under section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter shall be referred to as "Cr.P.C.) by the accused/appellant and for confirmation of the death sentence, Criminal Reference No. 13/2018 has been made by Fourth Additional Sessions Judge, Chhatarpur under section 366(1) of the Cr.P.C., 1973

(2.) The prosecution case in nutshell is that on 24.04.2018 at about 10:00 to 10:30 PM, the prosecutrix aged about 3 years was in her room. Her mother Pushpa Sahu (PW-1) went outside the house to give rope to her brother-in-law Manju @Jhagdu Sahu (PW-9) and she was talking to him. In the meanwhile, appellant/accused entered in her house. He committed rape with the prosecutrix. When she cried, her mother Pushpa Sahu came into the room and saw the appellant in naked condition. She also saw bleeding from the private parts of the prosecutrix. Clothes of the appellant were also blood stained. Thereafter, Pushpa Sahu made hue and cry. Hearing the noise, neighbours came there and saw the appellant. On the information by neighbors police reached there and recorded Dehati Nalishi (Ex. P/14) as narrated by Pushpa. FIR (Ex. P/10) was registered against the appellant/accused for offences under Sections 376, 450 of the Indian Penal Code and Section 3/4 of Protection of Children from Sexual Offences. After medical examination and due investigation chargesheet was filed before the Court against the appellant by Police Station Rajnagar, District Chhatarpur.

(3.) After conducting trial, the trial Court found that the appellant, finding an opportunity, committed rape with the prosecutrix who was aged about 3 years. The prosecution case is corroborated by evidence of eye-witnesses, medical evidence and DNA test report. Hence, the trial Court convicted the appellant under Sections 376(A)(B) and 450 of IPC and awarded capital punishment.