STATE OF RAJASTHAN Vs. MOD SINGH

JUDGEMENT

(1.) This judgment would answer the reference sent by the Court of Special Judge, Protection of Children from Sexual Offences No.1, Jhalawar (Rajasthan) for confirmation of death sentence. Since, the accused has also preferred an appeal, thus while hearing death reference, the appeal was also heard and is decided by this common judgment. The accused has been convicted and sentenced by the trial Court as under :

(2.) An FIR was registered by the Police Station Kotwali, Jhalawar on a written report of Rajesh s/o Devi Lal. In the written report dated 14th February, 2018, it was mentioned that the complainant Rajesh went to attend a programme in a temple while his children went to a "Mela"?. The complainant came back to Jhalawar. His daughter, at the age of six years, was found missing. The complainant and his relatives made search of the daughter but she was not found and, accordingly, the report was made. The delay in making report was explained, as the complainant was making search of the daughter at his own and when she could not be traced out, the report was made.

(3.) The FIR was initially registered for the offence under Section 363 IPC. A day after registration of FIR, the dead body of the girl was recovered and, accordingly, the investigation was made for the offence under Sections 363, 366A, 376, 376A and 302 IPC apart from Section 5 (i,m)/6 of the Protection of Children from Sexual Offences Act, 2012 (for short "the POCSO Act"?). After the investigation, charge sheet was filed for the offence under Sections 363, 366A, 376, 376A and 302 IPC apart from Section 5 (i,m)/6 of the POCSO Act. After taking cognizance, the matter was remitted. The trial Court, thereupon, framed charges for the offence under Sections 363, 366A, 376, 376A and 302 IPC apart from Section 5 (i,m)/6 of the POCSO Act. The charges were explained to the accused, which were denied by him, thus the trial commenced. The prosecution produced twenty five witnesses apart from fifty two documents to prove their case. The statement of the accused was recorded under Section 313 Cr.P.C. After marshalling the evidence, the trial Court convicted the accused and sentenced him, as described earlier.