IMPORTANT POINT
The principle that the last seen theory requires corroborative evidence to establish guilt beyond reasonable doubt, particularly in cases involving serious charges such as murder and sexual assault.

JUDGMENT :

R. Mukhopadhyay, J.

Heard Mr. Raja Ravi Shekhar Singh, learned counsel appearing for the appellant and Mr. Pankaj Kumar, learned P.P.

2. In Cr. Appeal (DB) No.47 of 2023 the appellant is aggrieved by the judgment and order of conviction and sentence dated 01.12.2022 (sentence passed on 12.12.2022) passed by Shri Sanjay Kumar Dubey, Learned Special Judge, POCSO Act, Rajmahal in POCSO Case No.65 of 2021 whereby and whereunder the appellant has been convicted for the offences punishable under Sections 302, 376(2)(i) of the I.P.C. and Section 6 of the POCSO Act and has been sentenced to rigorous imprisonment for life and a fine of Rs. One Lakh under Section 6 of the POCSO Act and in the event of nonpayment of fine, simple imprisonment of one year shall be served by him, rigorous imprisonment for life and a fine of Rs. One lakh for the offence under Section 376(2)(i) of the I.P.C. and in the event of non-payment of fine, simple imprisonment of one year shall be served by him and he has also been sentenced to death for the offence under Section 302 of the I.P.C.

3. The prosecution case arises out of the Fardbeyan of Balagat Sarfaraj recorded on 05.03.2015 at 00.30 hours at village Jonka in which it has been stated that his 6 year old daughter Tayyaba Anjum was everyday taken away by his neighbour Md. Rahet Seikh @ Kaluwa for playing and on completion of her play time he would return her back to her home. As per the daily routine yesterday i.e. on 4.3.2015 at 5.00 P.M. Md. Rahet Seikh had taken his daughter on his shoulder for playing. When the daughter of the informant did not return till late evening, he and his wife started searching for his daughter in the nearby places including the house of Md. Rahet Seikh but she could not be traced out. In course of search Md. Wasim and Imam Seikh had disclosed that his daughter was seen being taken away by Md. Rahet Seikh on his shoulder towards Simla Pokhar field and at this information the informant along with his relatives and villagers reached Simla Pokhar and in course of search the dead body of the daughter of the informant was found in the wheat field of Waris Seikh. There were marks of bruises on the neck and a black spot. The dress worn by the daughter of the informant was in a dishevelled state.

4. Based on the aforesaid allegations Rajmahal P.S. Case No.81 of 2015 was instituted against Md. Rahet Seikh @ Kaluwa under Sections 376/302 I.P.C. On completion of investigation, charge sheet was submitted and after cognizance was taken the case was committed to the court of sessions. Charge was framed under Sections 376/302 I.P.C. against the accused which was read over and explained to the accused to which he pleaded not guilty and claimed to be tried. The charge was amended on 08.10.2021 and an additional charge was framed under Section 6 of the POCSO Act. On committal of the case it was registered as S.T. No.95 of 2015 but after the charge was amended the case was registered as POCSO Case No.65 of 2021.

5. The prosecution has examined as many as 12 witnesses in support of its case.

6. P.W. 1 Imam Seikh has stated that the incident is of 2 years back at 5.30 PM when he was returning from his field when he had seen Kaluwa going towards Simla Pokhar with the 6-7 years old daughter of the informant on his shoulder. There was an uproar in the evening that Tayyaba Anjum has become traceless at which he had gone to the house of Tayyaba Anjum and informed her parents about seeing Tayyaba going with Rahet Seikh. At this, several villagers went towards Simla Pokhar and adjacent to Simla Pokhar in the wheat field of Waris the dead body of the child was found. There were scratches in the neck of the child and blood was oozing out from her private parts.

In cross-examination, he has deposed that it was evening and darkness was descending. His field is about 1 KM ahead of Simla Pokhar and a lot of people travel on that road. He had not asked Kaluwa as to where he was taking the child. The commot