MOHAMMAD RAFIQ,J. - (1.) This reference has been received from the court of the Special Judge, POSCO, Jhunjhunu under section 366 of the Code of Criminal Procedure, 1973 for confirmation of the death sentence awarded vide its judgment and order dated 10.08.2016 to the accused Ved Prakash S/o Shiv Charan, who has also separately filed appeal under section 374 of the Code of Criminal Procedure, 1973 through Superintendent, Central Jail, Jaipur against the same judgement challenging his conviction, for offence under Section 302 IPC and sentence of death, for offence under Section 366 IPC and sentence of rigorous imprisonment of seven years with a fine of Rs. 1,000, in default whereof, to further undergo three months rigorous imprisonment, for offence under Section 5/6 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'the POSCO Act') and sentence of life imprisonment with fine of Rs. 10,000, in default whereof, to further undergo one year's rigorous imprisonment, for offence under section 201 IPC and sentence of seven years with a fine of Rs. 1,000, in default whereof, to further undergo three months rigorous imprisonment.
(2.) Facts giving rise to the appeal are that one Ramavtar S/o Baldu submitted a written report (Ex.P1) to SHO Police Station Sadar, Jhunjhunu on 01.10.2015 in the mid night at about 12.40 AM, alleging therein that his minor daughter aged 6 years was missing from the home since afternoon. She was wearing a 'paijama' of yellow colour and shirt of orange colour. She had small hair and inscription of hindi word 'v' on her left hand and was wearing 'chappals' of green colour and speaks hindi. She was searched around at 6.30 PM in Jhunjhunu City and adjoining places, but could not be traced out despite efforts. She was lastly seen around 2.00 pm in the house of her elder daughter Seema. The police on that basis lodged FIR No.204/2015 IPC for offence under section 363 of IPC and commenced investigation. Dan Singh, ASI of Police noticed a pit freshly covered by sand and leaves near pillar no.9 of the air strip. He informed Madan Lal (PW17) SHO thereabout. When the pit was dug, dead body of a female child aged 6 years was found therein. Ramavtar (PW1) identified the body to be of his daughter Shivani. The site plan (Ex.P3) was prepared. The dead body was taken possession of vide Ex.P2. The blood stained soil and the controlled soil was seized vide Ex.P4 and P5 respectively. 500 ML bottle of 'TOSS UP' cold drink was sealed/seized vide Ex.P6 and a packet of 'Kurkure Bingo' was sealed vide Ex.P7. The dead body was taken to B.D.K. Hospital, Jhunjhunu where inquest was prepared vide Ex.P8. Frock and paijama of the deceased was seized vide Ex.P9. The postmortem report was prepared vide Ex.P12. The samples for DNA were collected and the Medical Board confirmed the rape with the deceased and also gave the cause of death, therefore, the offences under Sections 363, 302, 201 and 376(a) IPC and Section 4 of the POSCO Act were also added to the already registered FIR under Section 363 IPC.
(3.) Accused was arrested on 1.10.2015 vide arrest memo Ex.P15. Underwear and vest of the accused were seized vide Ex.P16. Information's furnished by the accused under Section 27 vide memos Ex.P28 to Ex.P31 were recorded. Stone used for crushing the dead body was recovered vide Ex.P17. A pair of 'chappals' vide Ex.P20, cycle vide Ex.P23, packet of Kurkure and bottle of cold drink TOSS UP vide Ex.P36 and finger prints of the accused were obtained vide Ex.P37. Medical examination of the accused was conducted by memo Ex.P13. Blood, saliava, semen and finger print of the accused, the samples from the body of deceased, recovered clothes and finger prints of deceased were collected for being sent to FSL. The charge sheet against the accused was filed and thereafter charges for offence under section 363, 366, 302, 201 and 376(2) of IPC and Section 5/6 of POSCO Act were framed. Accused denied the charges and claimed to be tried. The prosecution has produced 17 witnesses and exhibited 68 documents. The accused in his examination under Section 313 Cr.P.C., 1973 denied the charges and claimed to be tried. The trial court on conclusion of the trial, convicted and sentenced the accused-appellant in the manner as indicated above.;