The "rarest of the rare" doctrine in the context of sentencing for heinous crimes, particularly those involving sexual assault and murder of young children.

JUDGMENT :

RAJENDRA MAHAJAN, J.

Since aforesaid criminal reference and criminal appeal have arisen out of the judgment dated 6-8-2015 passed by the learned First Additional Sessions Judge Maihar, District Satna in Special Sessions Trial No. 4115, both the matters are hereby disposed of by this common judgment.

2. Vide the impugned judgment, the learned ASJ has convicted the accused-appellant for the offences punishable under sections 363, 376-A, 302 and 201(II) of the Indian Penal Code (for short the IPC) and 5(i), (m) read with 6 of the Protection of Children from Sexual Offences Act, 2012 (for short the POCSO Act) and sentenced him thereunder to suffer on first-count rigorous imprisonment (for short the R.I.) for 7 years with a fine of Rs. 5,000- (rupees five thousand) in default of which R.I. for 3 months, second-count death sentence, third-count death sentence with a fine of Rs. 10,000- (rupees ten thousand) in default of which R.I. for 6 months, fourth-count R.I. for 7 years with a fine of Rs. 5,000- (rupees five thousand) in default of which R.I. for 3 months and fifth-count life imprisonment with a fine of Rs. 10,000- (rupees ten thousand) in default of which R.I., for six months.

3. Learned ASJ has submitted proceedings for confirmation of death sentence as imposed by him on the accused-appellant under sections 376-A and 302 of the Indian Penal Code under the provisions of section 366(1) of the Criminal Procedure Code, while feeling aggrieved by the impugned judgment, the accused-appellant has preferred the appeal under section 374 of the Criminal Procedure Code.

4. The prosecution case is narrated below in detail as it is based upon the circumstantial evidence.

(4.1) On 23-2-2015, at around 5.00 p.m. Sampat (PW-1) lodged an oral report at Police Station Maihar, stating that he is a native of village Itma. His daughter Ku. Richa Tomar (since deceased), aged near-about 5 years, studies in L.K.G. standard in the New Horizon Public School, Maihar (for short ‘the School’). On 23-2-2015 at about 10.00 a.m., his brother Brajbhan (PW-4) came over to Maihar from his village to drop his daughter in the school in a vehicle make Ace-Magic bearing registration No. MP-19-T-2374 (for short ‘the vehicle’). The driver of the vehicle was Sachin Kumar Singaraha, who is the accused-appellant herein. His brother Brajbhan got off the vehicle near Sabzi Mandi (the vegetable market) Maihar, asking him to drop her at the school. In the evening of 23-2-2015, his daughter had not reached his residence. Thereupon, a massive hunt was launched to locate her, but she is still not traceable. He doubts that his daughter is kidnapped by an unknown offender and his needle of suspicion moves onto driver Sachin (the accused-appellant) who has left her daughter somewhere else. Upon his oral report, Sub-Inspector Sudama Prasad Mishra (PW-12) recorded the First Information Report Ex. P1 and a case is registered at Crime No. 17415 under section 363 of the Indian Penal Code against an unknown offender.

(4.2) A.S.I. Pramod Singh (PW-15) was entrusted with the investigation of the case. On 23-2-2015, he prepared a spot map Ex.P2 on the description of Sampat (PW-1), father of the deceased. On 25-2-2015, he took the accused-appellant into the custody and thereafter he interrogated him in the presence of Arun Verma (PW-2) and Ramji Kacher (PW-3). Upon the information disclosed by the accused-appellant, he reduced it into writing and thus he prepared his disclosure statement Ex. P6 under section 27 of the Indian Evidence Act, 1872. On the same day at about 8.30 a.m., he recovered a school bag from the roof of school building of village Dubehi, at the instance of the accused-appellant in the presence of the aforesaid witnesses and drew recovery memo Ex. P8. On the same day, at about 11.10 a.m., he recovered the deceased dead body from a well situated near the water canal of village Paraswara at the instance of the accused-appellant and prepared Lash Baramadgi Panchnama Ex.