(1.) The reference under Sec. 366 of the Code of Criminal Procedure, 1973 has been submitted to this Court by the learned 3rd Additional Sessions Judge -cum- Presiding Officer, Children's Court, Cuttack (hereinafter 'the trial Court') in Special G.R. Case No.44 of 2018 for confirmation of death sentence imposed on Mohammad Mustak (hereinafter 'the appellant') by the judgment and order dtd. 18/9/2019/19/9/2019 and accordingly, DSREF No.04 of 2019 has been instituted. CRLA No.817 of 2019 has been filed by the appellant challenging the self-same judgment and order of conviction passed by the learned trial Court.
(2.) The prosecution case, as per the first information report (hereinafter F.I.R.) (Ext.7) lodged by P.W.4 Masud Ahmed, is that on 21/4/2018, while he had been to read Namaz in the evening, there was a power cut in his village Jagannathpur. After reading the Namaz, he returned home and found that his deceased granddaughter was not there in the house for which he asked his daughter-in-law about the deceased, to which the daughter-in-law replied that the deceased might be wandering nearby. The daughter-in-law of P.W.4 herself went to search for the deceased but could not locate her and accordingly, she informed P.W.4. In order to find out the deceased, P.W.4 searched here and there and also informed the neighbours about the non-availability of the deceased for which the neighbours also joined him to trace out the deceased but they could not get her. At that time, three young boys came on a motor cycle and informed P.W.4 that the deceased was lying in a naked condition on the school veranda with bleeding injuries. Getting such information, the villagers rushed to the school and shifted the deceased to the Salipur Hospital and then the deceased was referred to S.C.B. Medical College and Hospital, Cuttack (hereafter 'S.C.B.M.C.H, Cuttack') for treatment. P.W.4 suspected that after committing sexual assault on the deceased, someone had left her in the injured condition.
(3.) The learned trial Court framed charges as aforesaid against the appellant on 23/5/2018 and since the appellant refuted the charges, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute him and establish his guilt.
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