The main legal point established in the judgment is the reliance on the DNA report to establish the guilt of the appellant under Sections 376(AB), 366, and 324 of the Indian Penal Code. The court also examined the handling and safety of the samples, finding no procedural impropriety or illegality in the collection, custody, and sending of the blood samples and other materials to the Forensic Science Laboratory. The court ultimately upheld the finding of the lower court based on the DNA report.

JUDGMENT

Sujoy Paul, J. - The validity of judgment dated 24/01/2020 passed in S.T.No.22/2019 is under question in this reference and in the criminal appeal filed by the appellant whereby the Court below held the appellant guilty for committing offences under Section 376(AB) of Indian Penal Code and directed to impose death sentence. The appellant was also held guilty for committing offence under Sections 366 and 324 of Indian Penal Code for which he was directed to undergo sentence of 10 years R.I. and 3 years R.I. respectively with default stipulations.

FACTUAL BACKDROP :

2. The parents of the prosecutrix/victim are beggars. They were residing in a vacant place/jail ground near Bus Stand Narsinghpur. The incident had taken place in the intervening night of 24/06/2019 and 25/06/2019. Four days before the incident, certain other relatives of victim also reached the ground where victim and her parents were staying. They were also staying with the family of the victim.

3. As per the prosecution story, on 24/06/2019 at around 10:00 P.M. the parents of victim, the victim and her younger sister went to sleep. At around 2:30 A.M., the mother of victim (PW-3) found that victim is sleeping in her bed. However, again when she awake at around 3:00 A.M. she found that victim is missing from her bed. She raised an alarm and her husband (PW-1) and brother-in-law (PW-26) also came out of their slumber. The parents and relatives searched nearby places but could not find the victim.

4. On 25/06/2019 at about 7:00 A.M., a man on a bicycle approached them and informed that a small girl is lying under a tamarind (Imli) tree.

The parents of victim, brother-in-law (PW-26) and other relatives and neighbour Sarita reached the place and found that under the said tree, the victim (PW-2) is lying. There were marks of bruises on her face and lips.

There was bleeding from her private parts. In 108 ambulance, the victim was taken to District Hospital Narsinghpur where she informed that a man had forcibly taken her, put a piece of cloth in her mouth and sexually assaulted her.

5. In turn, Assistant Sub-Inspector J.N. Gyarsiya (PW-4) received an information from District Hospital Narsinghpur about the said incident and accordingly, Dehati Nalisi (Ex.P/11) was recorded. On the basis of said Dehati Nalisi, offences under Sections 363, 366(A), 376(3), 376(AB), 323 and 324 of Indian Penal Code read with Sections 3(a), 4, 5(i), 5(m), and 6 of Protection of Children from Sexual Offences (POCSO) Act, 2012 were registered against the appellant vide Crime No.448/2019.

6. During the investigation, a site map was prepared. From the scene of crime, a blood stained stone, empty water bottle, five half burnt pieces of 'bidi', half burnt match sticks were recovered. On 25/06/2019 itself during the treatment of victim, her frock was recovered and vaginal slide was prepared and handed over to Sub-Inspector J.N. Gyarsiya.

7. Considering the serious condition of victim, she was referred to Netaji Subhash Chandra Bose Medical College Hospital, Jabalpur. The statement of witnesses were recorded. During the investigation, CCTV footage of certain roads near jail crossing were obtained. The footage from Camera F-1, F-2, F-3, F-4/PTZ were recovered. Duration of which was between 1:49 to 1:55 AM, 2:42 to 2:45 AM and 4:39 to 4:44 AM. The relevant photographs were prepared based on CCTV footage. The CCTV footage/photographs were shown to various persons. In turn, two cops namely Rajkumar, Constable Driver No.107 and Vikrant Jatt, Gunman SAF Constable No.486 identified the person who was carrying the victim as Santosh Markam, Cook Trade Constable No.1398.

8. On the basis of suspicion, appellant was asked to join investigation and on 27/06/2019, his one full check shirt, Blue full pant, Maroon belt, Blue underwear, White socks and Black shoes were recovered. The appellant was sent for medical examination to District Hospital Narsinghpur. Appellant's semen slide was prepared and his blood samples we