Point of law: even in cases arising under the provisions of POCSO Act, it is the duty of the Court to balance the aggravating and mitigating

JUDGMENT :

C. Praveen Kumar, J.

1. RT No. 2 of 2020 arises out of a letter written by the I Additional District & Sessions Judge, Chittoor, in POCSO SC No. 60 of 2019 seeking confirmation of death sentence awarded against the accused therein.

2. Criminal Appeal No. 305 of 2020 is filed by the accused challenging his conviction under Section 5(j)(iv) read with Section 6 of POCSO Act and sentence of death; conviction under Section 5(m) read with Section 6 of POCSO Act and sentence of imprisonment for a term which shall not be less than 20 years and to pay fine of Rs. 1,000/- in default, R.I. for 3 months; conviction under Section 302 I.P.C. and the sentence of imprisonment for life and to pay fine of Rs. 1,000/- in default, R.I. for 3 months; conviction under Section 201 I.P.C. and sentence of 5 years rigorous imprisonment and to pay fine of Rs. 1,000/- in default R.I. for 3 months; and conviction under Sections 376-A and 376-AB I.P.C. (no separate sentence is awarded). All the substantive sentences were directed to run concurrently.

3. The substance of the charge against the accused is that on 7.11.2019 at 9.50 p.m., at KNR Convention Centre, situated in Chenetha Nagar, Hamlet of Anagallu of Kurabalakota Mandal, the accused committed rape on a minor girl by name, Eddasiri Varshitha, aged 5 years and during the course of the same, caused her death. It is said that in order to cause disappearance of the dead body and with an intention to screen himself from legal punishment, threw the dead body outside the convention centre and also got his hair tonsured.

4. The facts, as culled out from evidence of the prosecution witnesses are as under:

(i) On 7.11.2019 at about 7.30 p.m., PW1 (father of the deceased) his wife, brother-in-law and three daughters alongwith one, Anitha, who is related to PW1, went to KNR Kalyana Mandapam, situated in Chenetha Nagar of Madanapalli Mandal to attend the pre-marriage function of the daughter of his maternal uncle by name, A. Venkata Ramana Reddy. It is said that PW1, alongwith his wife and others, had dinner and as the marriage was scheduled to take place in the early hours of next day, wanted to return home alongwith family members and come back on the next day morning to attend the marriage. At about 10 p.m. or 10.15 p.m., when PW1 reached to his car alongwith his wife and other family members, noticed his 3rd daughter missing. He informed the same to his relatives and searched for her in the Kalyana Mandapam. Inspite of their best efforts till 1.00 a.m., they could not trace her. Thereupon, PW1 is said to have approached one, Krishnappa (PW14) a soothsayer and resident of Kummarapalli Village, who informed PW1 that his daughter is within a distance of 100 meters from the Kalyana Mandapam. Thereafter, all of them returned to Kalyana Mandapam, searched for PW1's daughter, but in vain. Again at 3.30 a.m., they went to the house of PW14 and brought him to the Kalyana Mandapam. He saw the sastram and informed PW1 and his family members that the deceased is within the surroundings. Basing on the information furnished by PW14, they searched the entire area till 5.00 a.m., but could not trace her. PW1 & others requested the Manager of the Kalyana Mandapam (PW6) to display the CC TV footages from the cameras erected in the Mandapam. PW6 called the technician (PW15) and with his help, displayed the CC TV footages. All the relatives of the deceased witnessed the CC TV clippings. It is said that in the CC TV clippings, they noticed one person taking photographs of the deceased with his cell phone, in front of the water fountain in the Kalyana Mandapam at about 9.54 p.m. Later, he followed her towards bathroom side, which are on the backside of the Kalyana Mandapam. There is no material as to what happened thereafter as there were no cameras in that area. Ten to twelve minutes thereafter, the said person alone e