STATE OF MADHYA PRADESH Vs. YOGESHNATH @ JOGESHNATH

JUDGEMENT

(1.) Fifth Additional Sessions Judge & Special Judge [Protection of Children From Sexual Offences Act, 2012], Gwalior (M.P.), vide judgment dated 06.07.2019, in Special Case No.122/2017, having found the accused person guilty under Sections 363, 302, 201 IPC and under Section 3/4 of Protection of Children From Sexual Offences Act, 2012 has inflicted penalty of death sentence and has submitted the matter for confirmation forming subject-matter of Criminal Reference Case No.09/2019. The accused also has preferred an appeal vide Criminal Appeal No.6086/2019 under Section 374 Code of Criminal Procedure, 1973, being aggrieved by the conviction and imposition of death penalty.

(2.) Dead body of an average male child approximately 10 years of age was found in a deep pit in village Baran, near Laxminarayan Crusher, on the morning of 29.04.2017. On being informed, police party came to the spot led by Sub-Inspector Hemlata Singh (PW-13) Police Station Bahodapur, District Gwalior (M.P.), at 09:30 am. On the spot, she met Ashok Adiwasi (PW-1). The body was stark naked; there were injury marks. Inquest report (Ex.P/4) was prepared in presence of Ashok Adiwasi (PW-1), Mohd. Jamiluddin (PW-11), Shareef Khan, Mangal Singh and Kallu Adiwasi (PW-12). The body was sent for the post mortem which was performed by Dr. Sarthak Juglan and Dr. Heeralal Manjhi (PW-7). As per post mortem report (Ex.P/10) following injuries were found on the body of the deceased:

(3.) The investigating officer Hemlata Singh (PW-13) who had reached the spot recorded Dehati Nalisi Marg (Ex.P/1) on 29.04.2017 on the report of Ashok Adiwasi (PW-1) who informed that on 28.04.2017 in the evening at 6 pm his elder son Sanjay Adiwasi, the deceased, aged 10 years, was present in the marriage ceremony of his brother-in-law's daughter, Varsha, in the neighbourhood. His other children Arti, Pooja (PW-4), Daulat had taken their meals and come back home. But Sanjay (Deceased) did not come. And despite search in neighbourhood in night, but did not find him. In the morning of 29.04.2017, someone from Baran village who had gone to attend the nature's call found the dead body of his son. Thereafter, he came and found the naked body of his son having injuries on the right side of his head. On said information, the case was registered at zero number under Section 174 Cr.P.C. That following were seized from the scene of crime Ex.P/2: