STATE OF MADHYA PRADESH Vs. WARIS

JUDGEMENT

(1.) The present reference and appeal arise out of judgment dated 17.12.2018, pronounced in Special Case No. 3/2018, by the Second ASJ and Special Judge (POCSO Act), Jaora, District Ratlam whereby, accused Waris has been convicted under the provisions of Sections 376(2)(F), 376(2)(N), 376(AB), 302 and 201 of I.P.C. and Section 5/6 of POCSO Act and has been sentenced as under :--

(2.) The accused has not been sentenced separately under Section 376(2F), 376(2) of I.P.C. and Section 5/6 of POCSO Act in view of Section 71 of I.P.C., which provides for imposing sentence in an offence, which provides for more severe punishment.

(3.) The admitted facts are that Salma Bi was the third wife of accused and that the deceased girl-child 'A' (name withheld) was the daughter of Salma Bi born out of previous marriage of Salma Bi and that Salma Bi had brought girl- child 'A' along with her to the house of accused after 'Nikah'. It is also admitted that Salma Bi wanted to cremate girl-child 'A' at Jaora and the dead body of deceased girl-child 'A' was carried to Jaora (Rat lam) from Kushalgarh. It is further admitted that the girl-child 'A' had suffered burn injuries on her heel and that the accused had brought deceased girl-child 'A' to Madhav Singh hospital for dressing.