THE STATE OF RAJ. Vs. MANOJ PRATAP SINGH

JUDGEMENT

(1.) The learned Special Judge, Protection of Children from Sexual Offences Act Cases, Rajsamand vide order dated 28.9.2013 has convicted accused-appellant Manoj Pratap Singh under Sections 363, 365, 376(2)(f) and Section 302, Indian Penal Code read with Section 6 of the Protection of Children from Sexual Offenses Act, 2012 (for short 'the POCSO Act, 2012') and has imposed punishment of capital punishment.

(2.) The D.B. Criminal Appeal No. 854/2013 has been preferred by the accused against the capital sentence awarded by the learned Special Judge, Protection of Children from Sexual Offenses Act Cases, Rajsamand and D.B. Murder Reference No. 3/2013, as per Section 366(1) of the Code of Criminal Procedure, has been filed by the State of Rajasthan for confirmation of the capital punishment awarded by the Special Judge, Protection of Children from Sexual Offenses Act Cases, Rajsamand.

(3.) The brief facts of the case are that an F.I.R. was lodged on 17.1.2013 at 8.15 p.m. by Smt. Kamla w/o Dharm Das at Police Station, Kankroli, District Rajsamand to the effect that at 6.30 p.m. she was at her fruit and vegetable cart near R.K. Hospital. Her husband Dharm Das along with her father Madan Lal were also present, when Manoj Pratap Singh, who used to reside at Housing Board, came on a motor cycle to buy fruit. Present at the site was also her young 8 year old daughter who was mentally challenged having an IQ of 50% with a permanent physical disability of 70%. The accused Manoj Pratap Singh gave her a chocolate and after a period of ten minutes came back to the stall and took the young daughter away on his motor cycle and went towards Somnath Chauraha. Smt. Kamla, mother of the young girl child called the neighbors and pursued Manoj Pratap Singh but was not able to find him. After lodging of the F.I.R., the police started looking for Manoj Pratap Singh, the accused and he was found at the bus stand at 2 a.m. He was arrested at the Buss stand and an arrest memo was also prepared. Thereafter the accused was brought to the police Station at Kankroli and interrogated. On interrogation, he informed about the death of the young girl Heena Bhatia @ Kashish. Based on the information given by the accused, the police along with the father of the deceased Dharm Das and the maternal grandfather Madan lal and others were able to locate the dead body of the young girl Heena Bhatia @ Kashish from Kamla Talai around 3.15 a.m. in the morning of 18.1.2013. On finding the dead body, the police prepared a report. On 18.1.2013 at 7.15 a.m., in presence of Shri Madan Lal, Shri Maniraj Singh, Khem Chand, Narandra Singh and Dharm Das, Panchayatnama Ex. P.8 of the dead body was prepared. As per the report, the deceased had head injuries, injuries on her left eye, injuries on her face, neck, chest, hands, stomach, back as well as injuries on her private parts. This report was duly signed in presence of the above noted persons. On 19.1.2013, the accused made a disclosure about the whereabouts of the motorcycle used to abduct the young girl. The police went with a search party including Ajay Singh and Kuldeep Singh to locate the motorcycle. The motorcycle was located which had blood stains on it. Sample of the blood sample was taken and put in a plastic bottle. Thereafter on a disclosure made by the accused the stone was also recovered which had been used to hit the young girl with. The police following due procedure prepared various recovery memos. The police after collecting evidence of various articles, namely, coat, pant, shirt, underwear, blood sample of Manoj Pratap Singh and Pajami, Blood from motor cycle, control swab, frock, blood smeared soil, control soil, vaginal swab, vaginal smear and the blood sample of Kumari Kashish sent the same for a D.N.A. examination to the State Forensic Science Laboratory, Jaipur on 21.1.2013. The police also sent the body of deceased Kashish for post mortem to District Hospital, Rajsamand and the Medical Board.