JUDGMENT :

Pankaj Bhandari, J.

1. Present D.B. Criminal Death Reference No.01/2022 has been moved by the Special Judge, POCSO Court, Jaipur District (Rajasthan) for confirmation of death sentence awarded to accused – Suresh Kumar vide order dated 10.02.2022 in Sessions Case No.53/2021 – State of Rajasthan Versus Suresh Kumar, FIR No.120/2021 registered at Police Station Narena, District Jaipur. Aggrieved by the judgment of conviction dated 04.02.2022 and the order of sentence dated 10.02.2022, accused – Suresh Kumar has preferred D.B. Criminal appeal No.48/2022. By the aforesaid judgment of conviction dated 04.02.2022, accused was convicted for offence under Sections 363, 302, 201 of IPC and Section 5(M)/6 of POCSO Act, in alternate Section 376(AB) of IPC and Section 84 of Juvenile Justice (Care & Protection of Children) Act, 2015 (hereinafter referred to as “the JJ Act, 2015”). For offence under Section 84 of JJ Act, 2015, he was sentenced for 7 years rigorous imprisonment and a fine of Rs.50,000/-and in default of payment of fine, to further undergo 1 year rigorous imprisonment. For offence under Section 201 IPC, he was sentenced for 7 years rigorous imprisonment and a fine of Rs.50,000/-and in default of payment of fine, to further undergo 1 year rigorous imprisonment. For offence under Section 5(M)/6 of POCSO Act, he was awarded death penalty. For offence under Section 302 IPC, he was awarded death penalty and a fine of Rs.2,00,000/-and in default of payment of fine, to further undergo 3 years rigorous imprisonment.

2. Succinctly stated the facts of the case are that on 12.08.2021, a missing person report (Exhibit-P1) was filed by the father of the missing girl, a child aged about four and a half years, to the effect that the child went missing from Aguna Mohalla, Azad Chauk between 8:45 PM to 9:00 PM. The dead body of the missing child was recovered from a pond on Bhawsa Kandevli Road. It was found that she was raped and drowned in the pond. The Police sprung into action and on the basis of informer’s feedback, arrested the present appellant from the village. During the investigation, skirt of the deceased was recovered at the instance of the accused appellant. Ashes of accused’s clothes were recovered, his blood was obtained on the FTA Card and the same was sent for DNA analysis. From the report of the DNA, it was revealed that in vaginal & anal swab of the deceased as also in the skirt of the deceased, human semen was detected.

3. The Police after due investigation filed charge-sheet against the accused appellant. The accused denied the charges and sought trial. On behalf of the prosecution, as many as 41 witnesses were examined, 139 documents were exhibited and Article 1 to 9 were also exhibited. In defence, 13 documents were exhibited. Accused was examined under Section 313 Cr.P.C. He denied each and every fact, but no evidence was produced in defence. Learned trial Court after hearing the parties has convicted the accused for the offences stated hereinabove and has awarded death penalty to the accused. For confirmation of Death Sentence, Death Reference has been moved before this Court. Aggrieved by the judgment of conviction and sentence, accused has preferred a separate appeal.

4. It is contended by the counsel for the accused that as per Mohammad Saddik -complainant, he had submitted a written report (Exhibit-P1) at Police Station on 12.08.2021, on the basis of which FIR No. 120/21 was registered whereas, in the “Karyavahi Police” on the written report (Exhibit-P1) date 11.08.2021 is mentioned. It is contended that all the witnesses of Exhibit-P1 had deposed that it was produced on 12.08.2021, hence, the written report (Exhibit-P1) has become doubtful as every witness has given varied timings regarding submission of the written report. It is also contended that as per the document (Exhibit-D12) submitted along with the charge-sheet by the Investigating Officer, the Police got first information regarding the missing dau