The conviction of the accused for the brutal murder and rape of a child was upheld, applying the principle of last-seen theory and circumstantial evidence under Sections 302 IPC and 6 of the POCSO Act.

JUDGMENT :

Sujit Narayan Prasad, J.

1. Heard learned counsel for the appellant, facing the death sentence, and learned counsel for the State, in the death reference.

2. As this death reference and the instant appeal arise out of the common Judgment of conviction and Order of sentence, they were heard together and are being disposed of by this common Judgment.

3. This death reference and the connected Criminal Appeal arise out of the impugned Judgment of conviction dated 09.01.2025 and Order of sentence dated 10.01.2025 passed by learned Additional and Sessions Judge-I-cum-Special Judge (POCSO Act), Lohardaga, in Special POCSO Case No.09/2023 whereby, the sole appellant Indar Oraon has been found guilty and convicted for the offences under Sections 302 of the Indian Penal Code and Section 6 of the POCSO Act.

Upon hearing on the point of sentence, the appellant Indar Oraon has been sentenced to the capital punishment of death, for the offence under Section 302 of the Indian Penal Code, directing him to be hanged by neck till his death. He has further been sentenced to R.I. of Life imprisonment (remainder of natural life) and fine of Rs. 25,000/- (Twenty Five Thousand) for offence u/s 6 POCSO Act. In the event of default of payment of fine, he shall undergo S.I. of One month.

Aggrieved by the said Judgment of Conviction and Order of sentence, the appellant has preferred the present appeal, whereas the death reference is made by the learned Trial Court for confirmation of the death sentence imposed upon the sole appellant, namely Indar Oraon.

Factual Matrix

4. This Court, before proceeding to examine the legality and propriety of the judgment of conviction and order of sentence, deems it fit and proper to refer the background of institution of prosecution case. The prosecution story in brief as per the allegation made in the First Information Report reads hereunder as :-

The case of the prosecution is that on 24.12.2022 at 3.00 O'clock the informant alongwith her younger daughter (victim/deceased aged about 5 years) visited towards roof of Anganbari for getting the paddy crop parched.

In the meanwhile, her daughter rushed out from there and started playing with other children. Accused Indar Oraon aged about 25 years visited there and offered 5 rupees to each children and on the other hand her daughter was offered 50 rupees by the accused Indar Oraon.

Accused Indar Oraon wandered alongwith her daughter. At 4.35 O'clock when she returned home, her daughter was found to be missing. She inquired whereabout of her daughter from Indar Oraon accused.

She on suspicion apprehended accused but accused Indar Oraon strove hard to stifle her in the court yard of Fuldeo.

In the meanwhile, Sukhmaniya Oraon and Heeramuni Oraon rushed there and informed her that her daughter was lying dead. Then Indar Oraon started fleeing from the spot but he was apprehended by the people who divulged that he attempted to ravish the victim/deceased behind the house of Tewasi Oraon during which victim/deceased squealed and in the said course he stifled her neck causing her death.

It has been indicted that Indar Oraon killed the victim/deceased when he attempted to ravish her. It has been also alleged that Indar Oraon was having criminal history of killing her grand-mother and in this connection earlier a case was instituted in Bagru Police Station. Thereafter the matter was reported to the Bagru Police Station for institution of F.I.R.

On the written report of informant, this case was institut