IMPORTANT POINT
Circumstantial evidence must be conclusive and extra-judicial confessions require corroboration; failure to meet these standards results in acquittal.

JUDGMENT :

Hon'ble Pritinker Diwaker, J.

Sri V.P. Srivastava, learned Senior Advocate assisted by Sri Rajeev Nayan Singh, appearing for the appellants and Sri J.K. Upadhyay, learned AGA for the State.

2. This death reference was made to this Court under Section 366 of the Criminal Procedure Code, 1973 (in short 'Cr.P.C.') for confirmation of death sentence awarded to the appellants. The death reference and capital case are heard together and this judgement will govern both the capital case as well as the death reference.

3. This death reference and the capital case arise out of the judgment and order dated 10.1.2020 passed by the Additional Sessions Judge/Special Judge, POCSO Act, Court No. 9, Bareilly in Criminal Case No. 753 of 2019 (C.I.S. No. 1500286/2018) (State v. Murari Lal and another), arising out of Case Crime No. 50 of 2016 under Section 302/34, 201, 376D of I.P.C., Section 6 of POCSO Act and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, P.S. Nawabganj, District - Bareilly and sentencing them to death sentence with fine of Rs. 50,000/- under Section 302 I.P.C., in default of payment of fine, one year additional imprisonment, 7 years imprisonment with fine of Rs. 10000/- under Section 201 I.P.C., in default of payment of fine, three months additional imprisonment, life imprisonment with fine of Rs. 50000/- under Section 376D I.P.C., in default of payment of fine, one year additional imprisonment, life imprisonment with fine of Rs. 50000/- under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, in default of payment of fine, one year additional imprisonment, and life imprisonment with fine of Rs. 50000/- under Section 6 of the POCSO Act, in default of payment of fine, one year additional imprisonment.

4. As per the prosecution case, on 29.1.2016 at about 12 in the Noon the deceased, who was a minor girl aged 12 years, left for the field and thereafter, she did not return. She was searched initially in the village itself by her family members and the information about her missing was also communicated to her father Hemraj (P.W. 1), who at the relevant point of time had gone to another village namely Idgaon. At about 4 p.m., some children informed P.W. 1 that one dead body is lying in a 'Lahi' field and when P.W. 1 and other villagers reached at the spot, they found the naked body of the deceased and they also noticed injuries on her private part.

5. Information was given to the police and based on written report (Ex.Ka-1), First Information Report (Ex.Ka-2) was registered against unknown persons under Section 302, 201, 376 I.P.C. read with Section 4 of POCSO Act. Inquest on the dead body was conducted on 29.1.2016 at 5.30 p.m. vide Ex.Ka-4 and the body was sent for post-mortem, which was conducted on 30.1.2016 by Dr. Neelam Arya (P.W. 5) vide Ex.Ka-5. The Autopsy Surgeon has found following injuries :

''1. Contusion 1.0 x 1.0 cm. over right side neck, 4.00 cm. below right ear.

2. Contusion 5.0 x 4.0 cm. over the front and left side neck upper part over Thyroid Cartilage.

3. Abrasion 1.0 x 0.1 cm. over the left side neck, 3.0 cm. below left sides angel of Mandible.

4. Abrasion 0.3 x 0.3 cm. over the left side face - cheek area 4.0 cm. away from angle of mouth.

5. Contusion 2.0 x 0.6 cm. over nostril upper lip with swelling.

6. Contusion 3.0 x 1.0 cm. over lower lip with swelling.

7. Blood stained discharge tickle down from Vulva and Vagina with blood stained present on Vulva.

8. Hymen lacerated at 7 O'clock position edges of Hymen are swelling bleeding present.

9. Abrasion 14.0 x 5 cm. cm. On the back of left forearm and hand involving wrist joint 7.0 cm. below elbow.

10. Abrasion 1.0 x 0.3 cm. over back of left forearm 3.0 cm. below elbow.''

6. While framing charge, the trial Judge has framed the charge against the accused appellants under Section 302/34, 201, 376D of I.P.C., Section 6 of POCSO Act and Section 3(2)(v) of the Scheduled Castes and