G.K.VYAS,J. - (1.) The D.B. Cr. Murder (Death) Reference No.1/2015 has been filed by the State of Rajasthan for confirmation of the capital punishment awarded by the learned District & Sessions Judge, Pratapgarh vide judgment dated 18.9.2015 in Sessions Case No.149/2013 to the accused Prahald for committing offence under Section 302 IPC and under Section 3 read with Section 4 of the Protection of Children from Sexual Offences Act, 2012. The D.B. Cr. Appeal No.970/2015 as well as the D.B. Cr. Jail Appeal No.1011/2015 have been filed by the accused appellant Prahalad under Section 374(2) of the Cr.P.C. to assail the judgment dated 18.9.2015 passed by learned Sessions Judge, Pratapgarh in Sessions Case No.149/2013 whereby the accused appellant was held guilty for offence under Section 302 IPC and for offence under Section 3 read with Section 4 of the Protection of Children from Sexual Offences Act, 2012 and following sentence was passed against him by the learned trial court: Under Section 302 IPC Death Sentence. Under Section 3 r/w 4 of POCSO Act, 2012 10 years RI with fine of Rs.10,000/ - and in default of payment of fine to further undergo one year RI.
(2.) Brief facts of the case are that on 6.7.2013 at about 1.00 pm the complainant Prabhu Lal filed a written complaint under his thumb impression alleging therein that his daughter (x) aged about 8 years was playing with other children at his home, at that time, the accused Prahalad S/o Kamaru Meena, resident of Bhatodiya came there and took her daughter at about 4"O Clock in the evening for providing chocolate from the shop but his daughter (x) did not come back. It is stated in the complaint what when her daughter (x) was taken by accused Prahald, he, his brother Bhanwar Lal and other family members were not in the house in the evening, when they came back his niece Lali informed that accused Prahalad came and took his daughter (x) with him while offering chocolate. The complainant specifically mentioned in the complaint that in whole of the night they made search but she was not found, but in the morning at the time of search the body of (x) was found near the house of Nagji S/o Gautam Meena. The complainant specifically alleged that accused Prahald after committing rape murdered his daughter, therefore, action may be taken against him.
(3.) Upon aforesaid typed complaint (Ex.P/1), FIR no.193/2013 was registered at Police Station Arnod for the offences under Sections 376AZH and 302 IPC and investigation was handed over to the Circle Inspector Surendra Singh (PW - -14). The Investigating Officer commenced the investigation and immediately went on spot and made inspection of the place of occurrence. The Investigating Officer prepared the site plan (Ex.P/4), upon which the witnesses Bhanwar Lal Thori and Roop Lal put their thumb impression. The Panchnama of body of deceased (x) was prepared in presence of one Rajpal, Ratan Lal, Ramesh and Jagdish, therefore, they put their signatures as witness. Similarly, the complainant Prabhu Lal Thori also put his thumb impression upon Panchnama. The photographs of the deceased (x) were also taken. After preparation of Panchnama, the body of the deceased was taken to the hospital for post mortem. The post mortem was conducted in the District Hospital, Pratapgarh by the medical board at 5.30 pm on 6.7.2013 and post mortem report (Ex.P/15) was given by the medical board to the investigating officer in which the doctors gave their opinion that death was caused due to hemorrhage shock.;