JUDGMENT :

ANOOP CHITKARA, J.

1. On the evening of Mar 09, 2019, the victim ‘N’, whom this Court would affectionately refer to as ‘Laadli’, was allegedly abducted by the appellant/convict Vinod Shah, aged 21, who was her paternal cousin (Bhaanja of Laadli’s father), and after that the appellant/ co-convict Rohit Sharma, aged 19, joined him, and both of them committed rape upon her in an uninhabited godown, and subsequently, strangulated her and also inflicted brick blows on her head, and both acts of assaults resulted in her death, and for this crime, both Vinod and Rohit were arrested, prosecuted, and upon conviction by the trial Court, were awarded death sentences, in addition to the other sentences as captioned above.

2. The Trial Court had sent the murder reference to this Court under S.366(1) CrPC, 1973, for its confirmation, whereas the convicts Vinod Shah and Rohit Kumar Sharma have come up before this Court through separate appeals under S.374(2) CrPC, challenging the judgment of conviction and order of sentence, seeking their acquittal.

3. We have heard Mr. Swarn Kumar Sandhir, for the convict, Vinod Shah, Mr. Tarun Singla and Mr. Ashish Singla for the convict, Rohit Kumar Sharma, Ms. Pooja Nayar Sharma, DAG, for the State of Punjab, and also Mr. Sanjeev Kumar, Advocate, as Amicus curiae. We have also gone through the record.

4. On Mar 10, 2019, at 01:50 AM, i.e., the night intervening March 09 and 10, the victim's mother [PW1] informed the police about the incident in question, and her statement was recorded in a memo (Ruqa), and endorsements were also made therein. [Ext PW12/A, PW12/B, P1 & P2].

5. Laadli’s mother, who testified as PW1, stated that she has seven children, out of whom four are sons, and three are daughters, and the victim was aged 7½ years. Laadli’s father testified as PW2 and stated that his daughter was aged 7½ years and her date of birth was Oct 08, 2011, as per Ext P3.

6. The prosecution examined PW7 Sunita Devi, In-charge of Municipal Co-Ed School, Doraha, to prove the date of birth of Laadli through the school record, which was tendered in evidence as PW7/A and PW7/B.

7. Laadli’s mother, PW1, testified that on March 9, 2019, at around 3-4 P.M., she, along with her husband [PW2] and children, was present at their home. At that time, the accused Vinod Shah, who is related to them being her husband's nephew [Bhaanja], came to their house, carrying liquor. He offered her husband drinks, and then both Vinod Shah and her husband drank liquor. After taking liquor, her husband left for some work. Thereafter, Vinod Shah took her daughter (Laadli) on the pretext of getting her candies. However, Laadli did not return. She testified that Vinod Shah and Rohit had committed rape upon her daughter and murdered her.

8. Laadli’s father testified as PW2 and stated that on Mar 09, 2019, at about 3:00 PM, when he, and his wife [PW1] and children, were present in their house, then at that time the accused Vinod Shah, (whom PW2 identified as the same person present in the Court), and who is related to him as his nephew, visited his house and was having liquor with him. Accused Vinod Shah offered liquor to Laadli’s father [PW2], and then both of them drank. Later on, PW2 states having left the house for work and to purchase clothes.

9. PW3 Ravi Kumar testified that on Mar 09, 2019, when he was outside his house, the victim's father, [PW2], came and told him that his daughter Laadli had been taken away by Vinod Shah, who was his nephew. He stated that Vinod Shah had taken her on the pretext of getting her toffees; however, she did not return. On this, PW3-Ravi Kumar, along with Laadli’s father [PW2], started searching for her, but they could not find her. After that, PW3 Ravi Kumar stated that he went to his workplace, where he received a call from a boy, Shubham's brother, who resides near the house of the accused, Rohit. The said boy informed Ravi [PW3] that the accused Rohit had mentioned about the location of the victim and