A.Y.KOGJE,J. - (1.) This Criminal Appeal under section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to in short as 'the Code') is preferred against the judgment and order of conviction dated 03.08.2017 passed by the 2nd Additional District and Special POCSO Judge, Ahmedabad (Rural) in Special POCSO Case No.6/2016.
(2.) The brief facts in a nutshell are as under:- a) A First Information Report being I-C.R. No.42/2014 came to be registered at Detroj Police Station by the complainant - Jayantibhai Keshabhai Devipujak who is the father of the victim - a girl aged 8 years on 06.09.2014. In the First Information Report, it is narrated that the daughter of the complainant who was playing in the neighborhood was abducted and thereafter, in the place nearby the Society where there is a slaughter house, the appellant committed rape upon the victim and while doing so, suffocated her to death by throttling. b) After due investigation, the chargesheet came to be filed and the case came to be registered as Special POCSO Case No.6/2016 and after complying with the provisions of Section 207 of the Code, and the appellant having pleaded guilty vide Exhibit 7, the charge vide Exhibit 6 came to be framed, under Sections 363, 366, 376 and 302 of the Indian Penal Code and under section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to in short as 'the POCSO Act'). As the accused pleaded guilty, the trial commenced.
(3.) During the course of the trial, the following oral and documentary evidences were led by the prosecution:- :: Oral Evidence :: JUDGEMENT_90_LAWS(GJH)5_2018_1.html :: Documentary Evidence :: JUDGEMENT_90_LAWS(GJH)5_2018_2.html;