LAWS(MPH)-2019-1-91

IN REFERENCE Vs. RABBU ALIAS SARVESH

Decided On January 17, 2019
IN REFERENCE Appellant
V/S
Rabbu Alias Sarvesh Respondents

JUDGEMENT

(1.) Reference No.12/2018 dated 20.08.2018 has been made by First ASJ, Bina, District Sagar, alongwith the proceedings and record for confirmation of death sentence as provided under Section 366(1) of the Code of Criminal Procedure 1973, while the Criminal Appeal No.6748/2018 has been preferred by the accused/appellant Rabbu alias Sarvesh who has been convicted by the judgment dated 20.08.2018 passed by First ASJ, Bina, District Sagar in Special Case No.01/2018 for the offence under Sections 450, 376(2)(i), 376(D), 376(A) of IPC and Section 5(g)/6 of POCSO Act and sentence as under:-

(2.) In this case, as per prosecution, another co-accused was also involved but who was juvenile, therefore, separate challan has been filed against him before the Juvenile Justice Board. Name of the aforesaid juvenile is not mentioned in this judgment, he will be referred as "juvenile" in this judgment.

(3.) As per prosecution case on 07.12.2017 at about 08:30 P.M. in the night when the prosecutrix was watching T.V in her residence at village Deval, Police Station Bhangarh, District Sagar (M.P.), appellant with juvenile reached there and asked her for drinking water. Thereafter both entered in the room of the prosecutrix and shown blue film in their mobile to the prosecutrix and both the accused committed rape with the prosecutrix and thereafter when the prosecutrix told them that she will tell the incident to her parents, then the juvenile poured kerosene oil on the prosecutrix and the present appellant set her on fire. Prosecutrix ran away towards outside of her house. Her grand father and other persons any how tried to control the fire. She narrated the entire story to her grand father and witnesses Priti and Sandeep. Thereafter prosecutrix was rushed to the Civil Hospital, Bina. Doctor conducted MLC and also informed the police authority.