The court ruled that the death penalty is not warranted in this case, emphasizing the need for a balance between aggravating and mitigating circumstances, ultimately commuting the sentence to 30 years imprisonment.

JUDGMENT :

(Pushpendra Singh Bhati, J.)

The accused-appellant in this appeal, through Jail, has been convicted and sentenced as below vide judgment of conviction dated 23.09.2021 and order of sentence dated 27.09.2021 (in Special Sessions Case No.42/2020 - CIS No.42/2020 - State of Rajasthan v. Nokaram @ Bharmaram), passed by the learned Special Judge, Protection of Children from Sexual Offences Act, 2012 Cases & Commission for Protection of Child Rights Act, 2005 Cases, Sirohi.

1.1. As indicated above, the accused-appellant had been convicted under the aforementioned offences, and while doing so, the learned Trial Court, being the Court of Sessions, had passed the death sentence against the accused-appellant vide the impugned judgment of conviction and order of sentence, therefore, in accordance with Section 366 of the Code of Criminal Procedure, 1973, and thus, the matter has been submitted before this Hon'ble High Court for confirmation of such sentence, by way of above-numbered murder reference No.01/2021.

1.2. We also have noticed that on behalf of the accused-appellant, an appeal being the above-numbered Criminal Appeal 134/2021 has also been preferred against the impugned judgment of conviction and order of sentence. Accordingly, both the murder reference and the appeal have been heard together and are being decided by this common judgment.

2. Brief facts of the case are that the prosecution was set in motion by a written report (Ex.P.29) dated 26.09.2020 submitted by one 'SR' (PW-21), who is father of Mst. 'M' (in short, 'deceased') before the Station House Officer, Police Station, Anadra, District Sirohi, regarding the alleged incident, which occurred on 25.09.2020 around 5:00 p.m., whereby his daughter (deceased), after being sexually assaulted, was strangled to death by the present accused-appellant Noka Ram @ Bharma Ram s/o Mala Ram.

3. In the aforementioned report, the father (complainant) of the deceased narrated that the incident in question had occurred while the complainant's son namely, 'RR' (PW-10) and cousin 'KR' (PW- 7) had gone to a nearby pond for bathing alongwith the deceased, which was about half a kilometer away. It was stated that when 'RR' came after three to four hours, he stated that when they were bathing at the pond at that time Nokaram (accused-appellant) came and also started taking a bath and caught-hold of the deceased, and then threatened the children (brothers) PW-10 and PW-7 to go away from there and also that if they disclose regarding the same, they shall be killed. The young boys PW-7 and PW-10 were looking anxious and tensed, and in the evening they told the whole incident to the parents (complainant & his wife) and thereafter, the complainant PW-21 alongwith Gularam s/o Malaram, Malaram s/o Rooparam and Udaram s/o Sungaji went in search of the deceased with a torch and at a nearby site, they recovered the body of the deceased in a nude condition; the clothes were not around, the report also narrated that there were various injuries on the face, neck, private parts and back of the deceased. The private parts were bleeding upon which PW-21 took the body of the deceased home, and in the morning after bathing her, they put fresh clothes on her; whereafter at about 10:00 a.m., PW-21 went and informed the Police Chowki, Krishanganj.

4. It was also narrated in the report that when they went to the house of Nokaram @ Bharmaram, then it was told that he has not come home since the afternoon of 25.09.2020. It was stated that Nokaram @ Bharmaram s/o Malaram had committed the murder of eight years old girl (deceased) after raping her by strangulating her. On the basis of the said report, a First Information Report bearing No.128/2020 was registere