- (1.) The appeals arise out of the final judgment and order dated 04.07.2013 in Criminal Appeal No.647/2013 and Criminal Reference No.2/2013 passed by the High Court of Madhya Pradesh at Jabalpur whereby the High Court confirmed the reference made by the trial Court and dismissed the appeal of the appellant.
(2.) The brief facts of the case are that the victim was a minor girl aged about 5 years. On 20.8.2005, she was playing with her brother Chhutu @ Jagmohan near a temple situated adjacent to her house. The appellant at that time went there and took her away. Thereafter, he committed rape on her and throttled her to death. When the victim did not return home till evening, her father lodged a report. The Investigating Officer during the course of inquiry learnt that one person whose appearance resembled with the appellant was last seen with the victim. The appellant was interrogated and a memorandum statement was prepared, on the basis of which, body of the victim and shirt containing dust particles and hair were recovered from the appellant.
(3.) The body of the victim was sent for post-mortem examination, which was conducted by Dr. Mukesh Goyal(PW-12). The following injuries were found on the body of the victim which is evident from the post-mortem report (exhibit-P-55): "i) Multiple abrasions and contusions on back area. ii) Ligature mark around the neck. iii) Lacerated wound present over the external orifice, post part of libia jaora and minura. iv) labia minora severally contused."? ;