The court reaffirmed that circumstantial evidence can substantiate a conviction for murder and assault, while also allowing for the consideration of mitigating factors that may influence sentencing outcomes.

JUDGMENT :

Per, R. Mukhopadhyay, J.

Heard Ms. Sunita Kumari, learned counsel for the appellant and Mr. Vinit Kumar Vashistha, learned A.P.P.

2. This appeal is directed against the judgment of conviction and the order of sentence dated 16.02.2019 and dated 20.02.2019 respectively passed by Shri Lolark Dubey, the learned Additional Sessions Judge I-cum- Special Judge, Gumla in Special POCSO Case No. 67/2018, whereby and whereunder, the appellant has been convicted for the offences under sections 302/376 AB of the Indian Penal Code and has been sentenced to death along with a fine of Rs.10,000/- for each of the said section.

3. The prosecution case arises out of the written report of Etwari Oraoin in which it has been stated that on 23.09.2018 the daughter of the informant victim ‘X’ aged 03 years was playing at around 3:30 p.m. The informant had come out from the house and since she could not find her daughter she started searching for her in the entire village. When she could not find her daughter she was told by Pinki Baraik that victim ‘X’ was playing with Bandhan Oraon (appellant) and she was in his house. The informant knocked at the door of Bandhan Oraon who did not open the door and when she started raising a commotion Bandhan Oraon opened the door and disclosed that victim ‘X’ has gone to sleep and when she will wake up she will be taken to her house. After about 30 minutes Bandhan Oraon had come to the house of the informant and had disclosed that victim ‘X’ is not saying anything and her body has become cold. When the informant went to the house of Bandhan Oraon she found her child dead and when she removed the cover she found blood coming out from her private part. Bandhan Oraon had in the meantime fled away.

4. Based on the aforesaid allegations, Puso PS Case No. 09/2018 was instituted for the offences punishable under sections 302, 376 AB of the Indian Penal Code and sections 4/5 of the POCSO Act against Bandhan Oraon. On completion of investigation charge-sheet was submitted vide charge-sheet no. 03/18 for the offences under sections 376 AB/ 302 of the Indian Penal Code and sections 4/5 of the POCSO Act. After cognizance was taken charge was framed under sections 376 AB/ 302 of the Indian Penal Code and sections 4/6 of the POCSO Act which was read over and explained to the accused in Hindi to which he pleaded not guilty and claimed to be tried.

5. The prosecution has examined as many as 13 witnesses in support of its case.

6. PW-1 Dr. Shilpa Tigga was posted at Sadar Hospital, Gumla as Special Medical Officer and on 24.09.2018 she had conducted post-mortem on the dead body of victim ‘X’ and had found the following:

“On Local Examination:-

There was a perineal tear with laceration extending from uretheral meatus to the rectum (third degree perineal tear).

Vaginal & anal mucosa were lacerated there was bruising on labia.

On examination of vaginal sinear no spermatozoa was found.” The post-mortem report has been proved and marked as Ext.1.

In cross-examination she has deposed that no sperms were detected in the private part of victim ‘X’. She was a member of the Medical Board which consisted apart from her Dr. Prem Chand Bhagat and Dr. Anand Kishore Oraon. The clothes of the victim were stained with blood.

7. PW-2 Etwari Oraoin in the informant and the mother of the deceased who has stated that the incident is of two days back. She was applying oil to her infant child while her daughter victim ‘X’ aged 03 years and 05 months had left the house with a roti. When she later on came out she started searching for her daught