VINAY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The above criminal appeal is preferred by the appellant, to set aside the impugned judgment of conviction and sentence. The criminal reference (CRRFC No. 04/2017) has been referred under Section 366 (A) of Criminal Procedure Code, 1973 by Second Addl. Session Judge, Multai, District Betul. Both these cases arise out of judgment dated 22.06.2017 passed in Session Trial No. 13/2017 whereby the appellant has been convicted and sentenced as under, therefore are being decided by this common judgment: Section Act Sentence Fine In default of fine 449 Indian Penal Code R.I. for Life Imprisonment Rs. 25,000/- R.I. For 1 year 376-A Indian Penal Code Death Sentence - - 376-D Indian Penal Code R.I. for life imprisonment Rs. 25,000/- R.I. for 1 year 302 Indian Penal Code Death Sentence Rs. 25,000/- R.I. For 1 year 6 Protection of Children from Sexual Offence (awarded death sentence in the major offence under Section 376-A of IPC

(2.) Brief facts of the prosecution case is that, appellant is the uncle of the victim. The victim was a minor girl aged about 13 years. On 16.11.2016 at about 3:00 to 5:30 p.m. she was alone at her house in village Raiseda, Police Station Amla, District Betul. Her parents had gone to village Deopipariya leaving behind their children at home. At the time of incident, the siblings of the victim were not present at the house with the victim. At about 4:30 pm, appellant along with his two friends Mukesh and Ashok (both are juvenile) came there. Finding her alone, appellant and his juvenile friends committed rape one after the other. After committing rape, they killed her by hitting her head with a stone, strangulated her and hanged her from the roof with a red coloured saree. When her brother Rupesh (PW-6) and sister Rubina (PW-5) returned home from the school, they saw their sister/victim dead, hanging from the roof and the appellant along with other accused persons namely Mukesh and Ashok were present on the spot. Rupesh, brother of the victim ran towards the village and called Laxman and other persons for help. In the meanwhile, the body of the victim was brought down by appellant. Laxman (PW-4) along with other persons came there and saw the injuries of the victim. They saw that there was no clothes on the lower part of her body, there were injuries over her neck and bleeding from her private genital parts. Laxman informed the parents of the victim and reported the incident to the Police Station Amla. Offence was registered against the appellant and his associates (juvenile in conflict with law). After investigation, charge-sheet was filed by the police under Section 376(A)(D), 449, 302 of IPC r/w Section 5(i)(j)(k)/6 and Section 4 of Protection of Children from Sexual Offences Act, 2012 before the concerned Court.

(3.) After committal of the case, learned Trial Court framed charges under Section 449, 376(A)(D), 302 of Indian Penal Code and Section 6 of Protection of Children from Sexual Offences Act. The appellant abjured his guilt and pleaded that he is innocent and was falsely implicated by the police.