RAJKUMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) These appeals have been preferred against the impugned judgment and order dated 27.6.2013 passed in Criminal Reference No. 01 of 2013 and Criminal Appeal No. 397 of 2013 passed by the High Court of Madhya Pradesh at Jabalpur affirming the conviction of the appellant under Sections 376 and 450 of the Indian Penal Code, 1860 (hereinafter referred to as the 'IPC') as well as confirming the death sentence awarded for the offence under Section 302 IPC by the trial court vide judgment and order dated 5.2.2013 passed in Sessions Trial No. 20 of 2013.

(2.) Facts and circumstances giving rise to these appeals as per the prosecution are that:

(3.) Ms. A. Sumathi, learned counsel appearing on behalf of the appellant, has submitted that the appellant had falsely been implicated by the family members of the deceased at the instance of the police. There is no eye-witness in the case. Sanchit Jojo (PW.2), brother of the prosecutrix, is a child witness and cannot be relied upon simply for the reason that after seeing the incident and knowing well that his sister had been killed, he did not raise any alarm even after the accused had left the spot. Even in the morning, he did not tell his parents when they came back from the agricultural fields as what had happened. Therefore, the courts below have committed a grave error while placing reliance upon the deposition of the child witness. It is a clear cut case of circumstantial evidence for which the prosecution could not furnish explanation on various counts and it cannot be held that appellant had committed rape upon prosecutrix and, subsequently, killed her. The facts and circumstances of the case did not warrant death sentence as awarded by the courts below, and hence, the appeals deserve to be allowed.