IMPORTANT POINTS
(1) Denial of fair trial is as much injustice to accused as is to victim and society.
(2) In hallowed halls of justice, essence of fair and impartial trial lies in steadfast embrace of judicial calm.

JUDGMENT :

(Prashant Kumar Mishra, J.)

These appeals would call in question, the impugned Judgment of conviction and sentence dated 24.12.2018 passed by the High Court of Judicature of Madhya Pradesh at Indore in Criminal Reference No. 03 of 2018 and Criminal Appeal No. 3830 of 2018 upholding the conviction of the appellant under Sections 363, 366-A, 376(A), 376(2)(i), 376(2)(j), 376(2)(k), 376(2)(m), 302 and 201 of the Indian Penal Code¹[(for short, ‘IPC’)], and Section 5(m), 5(i) read with Section 6 of Protection of Children from Sexual Offences Act 2012,²[(for short, ‘POCSO’)], and confirming the sentence of death imposed on the appellant by the Fifth Additional Sessions Judge, Indore (MP) in Sessions Trial No. 87 of 2018 arising out of Crime No. 50 of 2018 dated 20.04.2018, registered at P.S. Sarafa, Indore, Madhya Pradesh.

2. The appellant has been convicted and sentenced for committing rape and murder of 3 months old girl child. The appellant was tried for the afore-mentioned offences on the allegation that complainant-Sunil and his wife were engaged in the business of selling balloons and they were residing at Rajawada, Indore (MP). On 20.04.2018, complainant-Sunil along with his family members were sleeping at a platform near Rajawada, at about 03:00 a.m., his daughter (deceased) aged about three months and four days started weeping on which her mother Sonubai fed milk, thereafter, the deceased slept. At about 05:00 a.m. when complainant-Sunil and his family members woke up, they did not find the deceased at the place where she was sleeping. Despite search, they could not find her. Thereafter, Sunil lodged a missing report of his daughter at Police Station, Sarafa, Indore registered as Crime No. 50 of 2018 (Ex.P-7). At about 13.27 hours, one Mr. Deepak Jain (PW-5) informed the Police Station MG Road, Indore (MP) that one dead body of a girl of about three months old has been found at Shreenath Palace Society, Indore. MERG intimation was recorded under Section 174 of the Code of Criminal Procedure, 1973,³[(for short, ‘Cr.P.C.)]. On coming to know about the discovery of a dead body, Sunil went to the spot and identified the deceased as his daughter. Postmortem of the dead body was conducted, and the Report thereof was submitted by Dr. Poonam Mathur (PW-20) vide Ex. P-53. After completing the investigation including collection of evidence from CCTV footage, recovery of incriminating articles, chemical analysis report etc., the chargesheet was filed on 27.04.2018. The DNA report was produced later during the trial.

3. On the basis of evidence brought on record during the course of trial, wherein the prosecution examined 29 witnesses and also proved 78 documents including expert opinion/chemical report/FSL report, the Trial Court convicted the appellant for the subject offences against which the appellant preferred appeal before the High Court. The Sessions Court also sent reference to the High Court under Section 396 Cr.P.C. for confirmation of death sentence. The High Court has confirmed the death sentence and resultantly the Criminal Appeal preferred by the appellant has also been dismissed by the impugned Judgment.

4. We have heard learned counsel for the parties. They have advanced lengthy arguments and have taken us through the entire evidence on record. However, considering the nature of the order, we propose to pass, we are not referring to the details of the evidence on record.

5. At the outset, learned senior counsel Mr. B.H. Marlappalle assisted by Mr. Rajat Mittal, Advocate-on-Record for the appellant argued that the entire trial for such serious offences has been completed within a span of 15 days i.e. from 27th April, 2018 (when the charge-sheet was filed) to 12th May, 2018 (when the Judgment was delivered by the Sessions Court). Referring to the order-sheet recorded by the trial court from 27th April, 2018 to 12th May, 2018, learned senior counsel would submit that the appellant has not been afforded a fair trial