STATE OF RAJASTHAN Vs. VINOD KUMAR BANJARA

JUDGEMENT

(1.) This judgment will answer the Reference of Death sentence given by the Special Judge, Protection of Children from Sexual Offences Act, 2012 and Commission for Protection of Child Right Act, 2005, Jhunjhunu, in Sessions Case No.168/2018. The trial court has convicted accused Vinod Kumar for offence under sections 376AB, 450 IPC apart from section 3/4 of the Protection of Children from Sexual Offences Act, 2012 (for short the POCSO Act) and sentenced as under -

(2.) Since accused Vinod Kumar has been given death sentence, learned trial court has referred it to the High Court for its confirmation in view of section 366 CrPC, 1973. The accused appellant has also preferred criminal appeal hence both the cases were taken together for hearing and are disposed of by this common judgment.Brief Facts Of The Case

(3.) It is a case where an FIR No.85/2018 was registered by Police Station - Malsisar, Jhunjhunu for offence under section 450 and 376 IPC and section 3/4 of the POCSO Act. The complainant-Prabhati Devi along with her brother-in-law - Subhash Chandra and victim girl, at the age of 3 years, made a written report that her daughter-Bala came to stay with her. It was along with daughter at the age of three years. On 1.8.2018, daughter-Bala went to meet her brother-in-law-Richhpal at Chirawa. The complainant and her grand daughter were at the residence. On 2.8.2018 at around 10.00 AM, Prabhati Devi went to get buttermilk from his brother-in-law Subhash Chandra leaving her grand daughter alone at the residence. When she returned back to her house, seen blood oozing out from private part of grand daughter. She had seen the accused, who was selling utensils, going out of her house on a motorcycle.