JUDGMENT

G.S. Ahluwalia, J.

1. CRRFC No. 3/2020 is a reference under Section 3 66 of Cr.P.C. for confirmation of death sentence, whereas Cr.A. No. 3007/2020 has been filed by the accused/appellant against the judgment and sentence dated 7-3-2020 passed by 2nd Additional Sessions Judge/Special Judge (POCSO ACT), Vidisha in S.T. No. 300002/2016 by which the appellant Ravi @ Toli has been convicted and sentenced as under:

Conviction under Section	Sentence	Fine
363 of I.P.C.	7 years R.I.	Rs. 1,000 in default 1 month R.I.
366A of I.P.C.	10 years R.I.	Rs. 2,000 in default 2 months R.I.
364 of I.P.C.	10 years R.I.	Rs. 2,000 in default 2 months R.I.
376(2)(i) of I.P.C.	Life Imprisonment till natural death	Rs. 4,000 in default 3 months R.I.
376(2)(j) of I.P.C.	Life Imprisonment till natural death	Rs. 4,000 in default 3 months R.I.
376(2)(k) of I.P.C.	Life Imprisonment till natural death	Rs. 4,000 in default 3 months R.I.
302 of I.P.C.	Death Sentence
201 of I.P.C.	7 years	Rs. 1,000 in default 1 month R.I. All the sentences shall run concurrently.

2. It is not out of place to mention here that earlier the Trial Court by judgment and sentence dated 26-9-2019 had convicted the appellant for the above mentioned offences and had awarded death sentence. The appellant preferred Criminal Appeal No. 9132 of 2019 whereas CRRFC No. 13/2019 was registered for confirmation of death sentence.

3. As this Court found that Sanjeev Chouksey (P.W. 31) was examined contrary to the provisions of Section 273 of Cr.P.C., therefore, by Judgment dated 30-1-2020, this Court set aside the judgment and sentence passed by the Trial Court and remanded the matter back with a direction to the Trial Court to cause examination, cross-examination and re-examination of prosecution witness namely Sanjeev Kumar Chouksey (P.W. 31) in the presence of the appellant and to record the statement of the accused under Section 3 13 of Cr.P.C. and to pronounce the judgment afresh.

4. Accordingly, the Trial Court after recording the evidence of Sanjeev Kumar Chouksey (P.W. 31), again convicted and sentenced the appellant by the impugned judgment.

5. The prosecution story in short is that on 24-10-2015 in between 2 P.M. to 7 P.M., the appellant/accused kidnapped a 7 years old prosecutrix from a temple situated outside the platform no. 6, Railway Station Bhopal, from the custody of her lawful guardians. Thereafter, he took her to Vidisha and committed rape and killed her by smothering. The dead body of a minor girl was found in a well situated in the field of Mullu Patel in Vidisha. Accordingly, the Police Station Civil Lines, Vidisha was informed. Asstt. Sub-Inspector S.N.S. Solanki reached on the spot and registered merg intimation (Ex. P.1). The Police Station Civil Lines, registered Merg case No. 80/2015. S.N.S. Solanki prepared a spot map. Thereafter, the dead body of the deceased was taken out from the well. One Blue Jeans was also found in the well and vide seizure memo Ex. P.4, water from the well and blue jeans were seized. The photography of the recovery of dead body of the deceased from the well was done. The photographs were seized. Tibia bone for diatom test, sternum bone, 5 ml of blood of the deceased, viscera, uterus, heart, kidney, spleen and liver, whole stomach and its contents, a piece of small intestine, and salt solution were sealed