IN REFERENCE Vs. BHAGGI @ BHAGIRATH

JUDGEMENT

(1.) The reference has been made for confirmation of order of capital punishment of death awarded in Special Session Trial No.15/2018, passed by First Additional Sessions Judge/Special Judge, Rehli, District Sagar, whereby the accused has been convicted under Section 376(A B) amended by Act No. 22/2018) and 363 of IPC. The accused has been convicted and sentenced as under:

(2.) The convict has filed Criminal Appeal No.5725/2018 against the said judgment, therefore, both the reference and appeal are taken up for hearing together and are being disposed of by common order.

(3.) Prosecution story in short is that on 21-05-2018, complainant Munni Bai (PW-8) grandmother of the victim lodged a report to the effect that she lives at Khamariya and on 21-05-2018 at about 7.30 p.m. she was in her house, then her grand daughter PW-1 aged about 7 years went to take mango, then she heard her voice from the house of Rajaram Baba Thakur Mandir, then she including Teekaram and Saroj Rani ran to temple saw that the prosecutrix was necked and the accused was also in the same condition. Thereafter, the accused had fled from the spot. The prosecutrix was taken by Teekaram and Sarojrani to her mother, where the prosecutrix disclosed in presence of the all the persons that when she was going to take mango then on the way, the accused met her and asked that he would give her "Namkeen" and had taken her at temple and violated her and when she cried then Saroj and Teekaram came over there and the accused had fled.