STATE OF ODISHA Vs. SANJEEB KERKETTA

JUDGEMENT

(1.) The present reference under Sec. 366 of the Code of Criminal Procedure, 1973, has been submitted by the learned Additional District Judge-cum-Presiding Officer, Special Court under the POCSO Act, Sundargarh (hereinafter referred to as "the trial Court"), in Special G.R. Case No. 93 of 2016 / Trial No. 34 of 2020, seeking confirmation of the death sentence imposed on the Condemned Prisoner/Accused, Sanjeeb Kerketta (hereinafter referred to as "the Convict"), by judgment and order dtd. 19/10/2023. Accordingly, DSREF No. 02 of 2023 has been registered. The Convict, Sanjeeb Kerketta, has also preferred JCRLA No. 142 of 2023, assailing the self-same judgment and order of conviction passed by the learned trial Court, wherein he was found guilty and sentenced to death under Ss. 376-A and 302 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC"). He was further sentenced to undergo rigorous imprisonment for twenty years and to pay a fine of Rs.5,000.00 each for the offences punishable under Sec. 376(2)(i) of the IPC and Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "POCSO Act"), and to undergo rigorous imprisonment for five years and to pay a fine of Rs.3,000.00 each for the offences punishable under Ss. 201, 450, and 366 of the IPC.

(2.) The prosecution case in brief is that on 21/10/2016, at around 11:00 p.m., while the widow-informant and her 4-5-year-old younger daughter were asleep in their house, someone entered the house and abducted the informant's daughter. The informant chased the culprit, but he managed to escape into the darkness with the child. Upon the hue and cry raised by the informant, neighbours gathered and searched for the victim but were unable to trace them. Based on the written report of the informant, P.W.29, the Investigating Officer (I.O.) registered Town P.S. Case No.184 dtd. 22/10/2016 vide Ext.11 and commenced the investigation.

(3.) In the course of investigation, after registration of the FIR on 22/10/2016, S.I. Binodini Naik initially took up the investigation. Recognising the gravity of the offence, P.W.29 assumed charge of investigation on 24/10/2016. During the investigation, the I.O. visited the place of occurrence and recorded the statements of material witnesses under Sec. 161 CrPC. On 25/10/2016, based on an information from a WESCO officer, a dead body suspected to be that of the missing child was discovered from an under-construction house, where the informer and his staff had been to provide electrical connection. The dead body was identified by the complainant and other witnesses, and an Identification Memo was prepared vide Ext.21. Subsequently, inquest was conducted in presence of an Executive Magistrate and witnesses vide Ext.2. During spot inspection, a brown colour Reebok money purse was recovered from the scene containing identity documents of the Accused-Convict Sanjeeb Kerketta, which was seized under seizure list in Ext.12. On 26/10/2016, the Accused-Convict was apprehended at his residence. His confessional statement was recorded under Sec. 27 of the Indian Evidence Act vide Ext.13. Based on the disclosure, a green Tshirt stained with blood was recovered and seized (M.O.-I, seizure list Ext.12). Medical examination of the deceased was conducted by P.W.5, who opined that the cause of death was neuro-hemorrhagic shock due to injuries to the genital tract. The post-mortem report is annexed in Ext.10. A subsequent query report was furnished clarifying the causative link between the injuries and the violent sexual assault vide Ext.40. Further, the biological samples of the deceased and the Convict were collected and sent for chemical examination. A memory card containing the video recording of the accused's confession was seized and marked as Ext.3. A compact disc containing photographs and videography of the spot and post-mortem was seized through seizure list marked as Ext.6. The I.O. also seized the Paribar Bibarani Register (family register) from the Anganwadi Centre to establish the age of the deceased vide seizure list Ext.1. After collecting all the material evidence, and receiving reports from RFSL and Medical Officers, the charge sheet was submitted on 9/2/2017 under Ss. 450, 366, 376(2)(i), 376(A), 302, 201 IPC and Sec. 6 of the POCSO Act against the Convict to face trial.