STATE OF ODISHA Vs. SUNIL NAYAK

JUDGEMENT

(1.) The death reference under Section 366 of the Code of Criminal Procedure, 1973 (hereinafter referred to as " the Code" for brevity) was taken up for hearing on different dates. The death reference was submitted by the learned Additional Sessions -Cum-Special Judge, Keonjhar in Special Case No.11 of 2017 arising out of G.R. Case No.13 of 2017 relating to Champua P.S. Case No.05 of 2017 for commission of offences under Sections 363, 376(2)(f), 376(2)(i), 302 and 201 of the Indian Penal Code, 1860 (hereinafter referred to as "the Penal Code" for brevity) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'POCSO' Act for brevity). The reference made by the learned Additional Sessions Judge-Cum-Special Judge, Keonjhar has been registered as DSREF No.05 of 2019 and the Jail Criminal Appeal preferred by the Appellant, in which Mr. Milan Kanungo, learned Senior Advocate appeared as Amicus Curie on the request of the Court, has been registered as JCRLA No.97 of 2019.

(2.) Learned Additional Sessions Judge-Cum-Special Judge, Keonjhar vide the Judgment and Order dated 19.12.2019 passed in Special Case No.11 of 2017 convicted the Condemned-Prisoner Appellant (hereinafter referred to as "the Appellant" for brevity), namely, Sunil Nayak under Sections 302, 363, 376 (2)(f), 376(2(i) and 201 of the Penal Code read with Section 6 of the POCSO Act. He proceeded to sentence the Appellant with capital punishment for the offence under Section 302 of the Penal Code; and to undergo imprisonment for life i.e. the remaining period of the natural life and to pay a fine of Rs.10,000/- (rupees ten thousand), in default, to suffer further rigorous imprisonment for one year for the offences under Sections 376(2)(f) and 376(2)(i) of the Penal Code; and to undergo rigorous imprisonment for seven years and to pay a fine of Rs.5,000/- (rupees five thousand), in default, to undergo further rigorous imprisonment for six months for the offence under Section 201 of the Penal Code; and to undergo rigorous imprisonment for seven years and to pay a fine of Rs.5,000/- (rupees five thousand), in default, to undergo further rigorous imprisonment for six months for the offence under Section 363 of the Penal Code. No separate sentence has been awarded for the offence under Section 6 of the POCSO Act as per the provision under Section 42 of the POCSO Act. Learned Additional Sessions Judge-Cum-Special Judge, Keonjhar submitted the records to this Court under Section 366 of the Code.

(3.) It is alleged by the prosecution that on 14.01.2017 at about 3 P.M. the Informant (name withhold) lodged a written report before the Inspector-In-Charge, Champua Police Station, Keonjhar stating therein that his younger daughter, aged about three years was playing near to his house. While he returned to house found that she was absent in the house, but on thorough search, she could not be traced out, for which a missing report was filed before the Champua Police Station on 14.01.2017. While the Informant returned from Police Station to village got information that the dead body of his younger daughter was lying in the kitchen of the Village School. Suspecting that someone had committed the murder of his daughter, the informant lodged written report before the Police Station on the same day. On receipt of the report of the informant, the Inspector-In-Charge, Champua Police Station registered Champua P.S. Case No.05 of 2017 and the investigation was taken up.