The court emphasized the need for credible evidence in establishing the victim's age in sexual offences and the exceptional nature required to impose death penalties, particularly in cases involving familial relationships.

JUDGMENT

Agarwal, J. -- 1. Criminal Appeal No.885/2021 is filed on behalf of Appellant No.1 Ram Prasad Ahirwar & Appellant No.2 Banshilal Ahirwar and Criminal Reference No.1/2021 is received from learned Additional Sessions Judge-Banda, District Sagar in pursuance of judgment dated 19.1.2021 passed by learned Additional Sessions Judge-Banda, District Sagar in Special Sessions Case No.49/2020 convicting Appellant No.1 Ram Prasad Ahirwar for the offence under sections 363, 366, 376(DB), 302, 201 of the INDIAN PENAL CODE , 1860 (for brevity “I.P.C”) and sentencing him to suffer Rigorous Imprisonment for Seven Years, Seven Years, Death Penalty, Death Penalty, Rigorous Imprisonment for Seven Years with fine of Rs.1,000/, Rs.1,000/-, Rs.500/-, Rs.500/-, Rs.1,000/- respectively and in default of payment of fine to further undergo Rigorous Imprisonment for One Month for each of the offences.

2. Vide impugned judgment dated 19.1.2021 passed by learned Additional Sessions Judge-Banda, District Sagar in Special Sessions Case No.49/2020 Appellant No.2 Banshilal Ahirwar has been convicted for the offence under sections 376(DB), 302, 201 of the I.P.C and sentenced to suffer Death Penalty, Death Penalty, Rigorous Imprisonment for Seven Years with fine of Rs.1,000/-, Rs.1,000/-, Rs.1,000/- respectively and in default of payment of fine to further undergo Rigorous Imprisonment for One Month for each of the offences.

3. The prosecution case in short is that the victim/deceased while studying in Class-VI had left her home on 13.3.2019 for giving examinations at Bhadrana Government School and when she did not return back till 12 Noon then Complainant/PW.1 (father of victim/deceased) and his wife (mother of victim/deceased) started searching the victim/deceased and it was informed by the School Authority that she had not come to give examinations. On 14.3.2019 PW.1, father of victim/deceased, lodged a missing person report at Police Station Banda, District Sagar alleging that he is a labourer, he has two daughters and three sons, the victim/deceased is student of Class-VI, she is 4 feet of height, her complexion is dusky, she was in school dress but did not return back to home. At his instance, Missing Person Report was registered vide Exhibit P/9 at Police Station Banda, District Sagar registering case pertaining to Crime No.195/2019 for the offence under section 363 of the I.P.C and on the basis of the said Missing Person Report, the First Information Report was lodged by Assistant Sub Inspector R.S.Vishwakarma (PW.7) vide Exhibit P/10 and the case was taken in investigation.

4. During investigation, Ganni (PW.18) informed that he had visited the fields of Rambhagat Yadav for harvesting Gram Crops and when he was returning to his residence at about 5:00 PM then in the fields of Shankar Yadav, he saw dead body of a girl. He reported that the body was lying without head. The aforesaid fact was narrated by him to Co-Villager Vikram Sing