The absence of critical evidence and failure to provide the accused a fair opportunity to contest significant claims violated the right to a fair trial under Article 21.

JUDGMENT :

Chandra Sharma, J.

1. This appeal has been filed by the appellant against the judgment and order dated 20.12.2023 passed by the learned Special Judge (POCSO Act)/ Additional Sessions Judge, Farrukhabad in Special Session Trial No. 921 of 2023 (State Vs. Shahid) arising out of Crime No. 179 of 2023, under Section 302 , 201, 376DB IPC and Section 5 /6 Protection of Children From Sexual Offences Act, Police Station Kampil, District Farrukhabad, whereby appellant Shahid has been convicted and sentenced under Section 302 IPC with death sentence and fine of Rs.1,00,000/-, in default six month rigorous imprisonment; under Section 201 IPC for a period of three years rigorous imprisonment and fine Rs.20,000/-, in default three months rigorous imprisonment and under Section 5 /6 POCSO Act with death sentence and fine of Rs.1,00,000/-, in default six months rigorous imprisonment.

2. The learned trial court has also made reference to this Court for confirmation of death sentence.

3. The prosecution case in brief is that on 12.09.2023 at about 9 a.m. the victim aged about 4 years went missing from outside her house while she was playing there. Members of her family searched for her but could not find her out. At about 6 p.m. Nawab Alam resident of same village told the informant/ Abdul Haq that at about 10 a.m. he saw the victim following Shahid and his friend Daren heading towards poultry farm. On this information, the informant alongwith Sakib, Nurul Haq along with other persons proceeded towards poultry farm of Shahid and tried to search her out, however they found the deformed dead body of the victim/deceased, lying 100- 150 metres away from poultry farm. The informant then lodged an F.I.R. by giving written tehrir on 12/13.09.2023 at 1.01 a.m. in the police station concerned which was registered as Crime No. 179 of 2023 under Section 376DB, 302, 201 IPC and 5/6 POCSO Act.

4. Investigation of the case was entrusted to S.I. Ashok Kumar.

5. The inquest of the deceased was conducted by S.I. Deepak Singh on 13.09.2023 at about 01.45 am to 3 am. The dead body of the deceased was sealed and after preparing other relevant papers, it was sent for post mortem.

6. On 13.09.2023 at about 4.10 p.m. post mortem was conducted by Dr. Sumit Kumar, Senior Medical Officer, CHC Fatehgarh. The following ante-mortem injuries were found on her person:

(1) Animal bite over the face and neck which includes both mastoid region, B/C maxillar and mandibular region including external and internal structure of neck and face. This injury appears to be antemortem.Few tracheal are absent and few are depressed.

(2) Contusion 1.5 cm x 0.6 cm on right lateral aspect of nasal bridge. On dissection nasal bridge is slightly depressed.

(3) Multiple abrasion over the back of chest, trunk both buttocks and thighs measuring 3.5 cm x 1.3 cm to 1.0 cm x 0.5 cm.

(4) Linear abrasion measuring 3.3 cm to 1.5 cm on the private parts including labia majora.

(5) Multiple abraded contusion 3 cm x 1 cm to 1.8 cm x 0.7 cm on both side anterior lateral aspect of both side chest.

Two vaginal slides and vaginal swab prepared. Two anal slides and swab (anal) prepared.

In the opinion of doctor, cause of death could have been asphyxia as a result of antemortem injury.

7. The Investigating Officer recorded the statements of the in