JUDGMENT :

RAMESH SINHA, J.

1. Since the above-captioned appeals arise out of a common factual matrix and impugned judgment, this Court is disposing of the same by a common judgment.

2. These criminal appeals preferred under Section 374(2) of the Cr.P.C. are directed against the impugned judgment of conviction and order of sentence dated 25.06.2022 passed by the learned Additional Sessions Judge FTSC (POCSO), Kondagaon (C.G.) in POCSO Case No. 20/2019 by which the appellants have been convicted for offences under Sections 363, 376A and 302 of the IPC and sentenced them to undergo rigorous imprisonment for 07 years and to pay a fine of Rs.1,000/- in default, to further undergo rigorous imprisonment for 01 month, rigorous imprisonment for life and to pay a fine of Rs.1,000/- in default, to further undergo rigorous imprisonment for 01 month and rigorous imprisonment for life and to pay a fine of Rs.1,000/- in default, to further undergo rigorous imprisonment for 01 month.

3. Case of the prosecution, in brief, is that on 10.05.2019, the father of the deceased has made a complaint at Police Station, Farasgaon to the effect that on 09.05.2019 his daughter went out from the house while talking in her mobile phone and not returned back in the house and on the next day, the family members have searched her and found her dead body lying in the field of one Chain Singh. On the basis of said report, initially Merg No. 28/2019 (Ex.P-1) was recorded under Section 174 of the Cr.P.C. Thereafter, on the basis of merg intimation (Ex.P-1), FIR (Ex.P-28) has been registered against unknown persons for offence punishable under Section 302 of the IPC.

4. Investigating officer left for scene of occurrence and Nazri Naksha was prepared by him vide Ex.P-2. After summoning the witnesses vide Ex.P-3, inquest over the dead body of deceased was prepared vide Ex.P-4 and merg panchnama was prepared vide Ex.P.13. Dead body of the deceased was sent for postmortem to the Community Health Centre, Farasgaon vide Ex.P-26, wherein, Dr. Jyotirmay Prabhawati (PW-7) and Dr. Shailendera Kumar conducted postmortem on the dead body of the deceased vide Ex.P-14 and found following injuries:

(i) 0.8 cm x 0.2 cm crescent abrasion mark on the right side of the neck at Sternocleidomastoid muscle region which is antemortem in nature.

(ii) Postmortem ant bite marks on the right cheek, on the neck and on the left shoulder and middle of the chest.

The doctors opined that cause of death is Asphyxia & spinal cord injury due to smothering & manual strangulation. Viscera was preserved and sent to FSL to find out any intoxication manner being homicidal in nature.

5. Statement of witness Shiv Kumar Markam (PW-5) was recorded vide Ex.P-5, who has stated that he has seen appellants taking away the deceased along with them in a motorcycle. During the investigation, after getting the location through cyber cell of the phone number of accused Kamlesh Netam, who made calls on the date of incident on the mobile phone of the deceased and on that basis accused Kamlesh Netam was called for interrogation and his memorandum statement was recorded vide Ex.P-6, in which he has admitted that he and co-accused/appellant Sonaram Netam called the deceased and committed rape on her and thereafter killed her. Thereafter, accused were arrested and arrest memos were prepared vide Exs.P-11 and P-12. On the basis of memorandum statement of accused Kamlesh Netam, Sections 363, 376, 34 of the IPC and Section 04, 06 of the POCSO Act have been added.

6. One jio mobile phone with Jio SIM No. 7000702320 was seized at the instance of accused Sonaram Netam vide Ex.P-7, one touch screen mobile with Idea SIM No. 7354182741 and a full sleeve blue colour TShirt with some stain over right sleeve were seized at the instance of accused Kamlesh Netam vide Ex.P-8. On the basis of memorandum statement of accused Kamlesh Netam one Black colour Hero Splendor Motorcycle bearing No. CG04-OW-5214 with key and in running condition was seized