IMPORTANT POINT
The sufficiency of circumstantial evidence to establish guilt and the principle that the accused must provide a satisfactory explanation for incriminating evidence.

JUDGMENT :

Ramesh Sinha, C.J.

Heard Mr. Nitansh Kumar Jaiswal, learned counsel for the appellant. Also heard Mr. Shreyansh Agrawal, learned Panel Lawyer, appearing for the respondent/State.

2. This criminal appeal preferred under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) is directed against the impugned judgment of conviction and order of sentence dated 25.04.2023, passed by the learned Additional Sessions Judge F.T.S.C (POCSO), Manendragarh, District Korea (C.G.) in Special Criminal Case No. 54/2021, by which the appellant has been convicted for the offences punishable under Sections 363, 366, 376, 376(a), 302 & 201 of the Indian Penal Code (IPC) and under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, ‘POCSO Act’) and sentenced to undergo rigorous imprisonment for 02 years and fine of Rs.100/-, in default of payment of fine additional rigorous imprisonment for 01 month (separately), sentenced to undergo rigorous imprisonment for 05 years and fine of Rs.100/-, in default of payment of fine additional rigorous imprisonment for 01 month (separately), sentenced to undergo rigorous imprisonment for life and fine of Rs.100/-, in default of payment of fine additional rigorous imprisonment for 01 year (separately), sentenced to undergo rigorous imprisonment for life and fine of Rs.100/-, in default of payment of fine additional rigorous imprisonment for 01 year (separately), sentenced to undergo rigorous imprisonment for life and fine of Rs.100/-, in default of payment of fine additional rigorous imprisonment for 01 year (separately), sentence to undergo rigorous imprisonment for 07 years and fine of Rs.100/-, in default of payment of fine additional rigorous imprisonment for 01 month (separately) and sentenced to undergo rigorous imprisonment for life and fine of Rs.100/-, in default of payment of fine additional rigorous imprisonment for 01 year (separately) (all sentences run concurrently).

3. Case of the prosecution, in brief, is that on 24.03.2018 at about 3-4 O’clock the victim had gone along with her elder sister to Mahamaya Temple to visit Mela (fair) and at 6.30 p.m., the victim had again gone to Mela and Mandir without giving any information to her parents. Then, all the members of the house inquired at the Mela and their relatives, but no trace was found. On 25.03.2018, they also inquired in the nearby village and in the evening, they went towards Jhurandi Gadda towards the Nakabadi behind the temple and found the dead body of the victim in Jhurandi Gadda. The dead body was lying there, there was no clothes on her body, her head was crushed, the stalk of a plant was inserted in her private part, the victim's frock, panty, slippers and leggings were lying at some distance and there was a splash of blood on the ground nearby. During the investigation, it was found that the accused had bought chocolates and given chocolates to other small girls in the Navratri Mela. After summoning the accused and interrogating him, the accused accepted that he gave the chocolate to the victim, took her to the Nakabadi Jhurandi Gadda and raped her by pressing her mouth and rendering her unconscious. Thereafter, the victim was said to have been murdered by pelting a stone on her head. In this case, based on the complaint of the victim's father, Police Center - Khadganwan registered the Merg Information No. 19/18 vide Ex.P/4 and on the same date First Information Report (Ex.P/5) under Crime No. 44/2018 for the offences punishable under Sections 302, 364, 376(a) & 201 of the IPC and Sections 4, 6 of the POCSO Act was registered against the unknown person and completed the investigation. The charge-sheet was prepared and presented to the concerned Court for the crime under Sections 302, 376, 376(a) & 201 of the IPC and Sections 4, 6 of the POCSO Act and Section 3(2-5) of the Scheduled Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989. In relation to the death of the