- (1.) Vide this judgment, above mentioned death reference as well as criminal appeal filed by the accused would be disposed of.
(2.) FIR No. 44 dated 02.02.2015 (Exhibit P-2) was registered at Police Station Behror, District Alwar under Section 363 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') on the basis of written report Exhibit P-1 lodged by complainant Ramkunwar. Case of the complainant was that on 01.02.2015, accused Rajkumar had come to their house at about 9-10 O' Clock under the influence of liquor and while leaving, he had taken his granddaughter Muskan aged about five years with him. They had looked for Muskan in the village but had been unable to locate her. Rajkumar had also not given any satisfactory reply at their asking. Hence, complainant suspected that Rajkumar had murdered his granddaughter. He had seen Rajkumar taking his granddaughter with him.
(3.) Thereafter, the police visited the house of the complainant and prepared site plan Exhibit P-3. Statements of witnesses Ramkunwar, Subhash Chand, Ram Singh, Satyanarayan, Gajraj, Lalaram, Hoshiyar, Lalchand were recorded by the investigating officer Virendra Pal P.W.19. Accused Rajkumar was summoned and was interrogated and offence under Section 375 IPC was added. On interrogation, accused disclosed that he had hidden the dead body in an old house and on the basis of the said statement, police reached the spot and found that the house was locked. They broke open the lock and entered the room and recovered the dead body from the said house. Thereafter, offence under Section 302 IPC was added in the FIR. After completion of investigation and necessary formalities, challan was presented against accused Rajkumar @ Dharmendra. Charges were framed against the accused for offences punishable under Sections 363, 366, 376(2)(i), 302 and 201 IPC and Section 5(m)/6 of the Protection of Children from Sexual Offences Act 2012 (hereinafter referred to as 'the POCSO Act'). In order to prove its case, prosecution examined 21 witnesses and exhibited 29 documents. Accused when examined under Section 313 Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') prayed that he was innocent and had been falsely involved in the case.;