The judgment emphasizes the reliance on circumstantial and scientific evidence, including DNA analysis, in establishing guilt and the consideration of the age of the victim and the appellants, and the sentencing procedure prescribed by the law in determining the appropriate penalty.

JUDGMENT :

S. K. PALO, J.

1. This Criminal Reference No. 06/2015 is listed before this Court against the death penalty with fine of Rs. 2,000 dated 27-8-2015 to each of the appellants imposed by the 1st Additional Session Judge, Panna, District Panna in Session Trial No. 25/2013 recording a finding of guilt against the appellants for offence punishable under section 302 read with section 34, Indian Penal Code. The appellants are also convicted under section 376-D, Indian Penal Code and awarded life imprisonment to each convicted persons with fine of Rs. 2,000/-. In default of payment of fine, the appellants are to undergo two months rigorous imprisonment in each of the section.

2. The appellants are also held guilty under section 201 of the Indian Penal Code and sentenced to seven years rigorous imprisonment with a fine of Rs. 1,000/- each, in lieu of fine, they are to undergo additional rigorous imprisonment for one month each.

3. Criminal Appeal No. 2516/2015 has been filed by the appellants Rajesh Verma and Ram Sajeevan Verma being aggrieved by the aforesaid judgment, conviction and sentence.

4. As both the cases arise out of the same judgment, involved common issues, they are heard and being decided analogously. The appellants have prayed for allowing the appeal by setting aside the impugned judgment and to acquit them from the charges urging various facts and grounds.

5. The relevant facts in relation to the prosecution case are briefly stated are that on 8-5-2013 at about 9:30 P.M. Kamlesh (PW 3) the father of the victim approached Police Station Saleha and lodged a report to the effect that his daughter aged about ten years is found missing. The Assistant Sub-Inspector Kesari Prasad (PW 11) registered the missing report 0/13 which is Ex. P/5. On 13-5-2013 at about 10:00 a.m, Ram Khilawan, (PW 6) a resident of village Jamarai came to the Police Station Saleha and intimated the Police that a gunny bag was seen floating in his well, wherefrom evil smell is coming out. Sub-Inspector M. R. Bagen (PW 22) wrote the information at Sanha No. 396 marked as Ex.P/48. He went to the village to verify the information. He found a body floating in the well. The body was pulled out in presence of Panch witnesses and a panchnama Ex. P/22 was drawn and also prepared a panchnama to the identification of the dead body marked as Ex. P/2 and recovery panchnama Ex. P/7. He also prepared spot map Ex. P/8, drawn a Dehati Nalishi Ex. P/50 and Merg Intimation Ex. P/49. Shri M. R. Bagen (PW 22) sent notice to the witnesses and prepared inquest report Ex. P/4. He also recovered two plastic cement bags, one litre water of the well in a plastic bottle, by drawing Ex. P/23. The body of the victim was sent for post-mortem vide Ex. P/51. Dehati merg Ex. P/49 and dehati nalishi P/50 was sent to Police Station Saleha. On the basis of this, ASI Keshari Prasad (PW 11) registered Merg Intimation No. 18/13 Ex. P/24 and registered Crime No. 55/13 on 13-5-2013. A team of doctors comprising Dr. Yogesh Yadav (PW 13), Dr. Smriti Gupta conducted a short post-mortem and prepared report Ex. P/33. They examined the dead body, furnished an elaborate post-mortem report which is Ex. (P/34). The medical team preserved viscera, collected femur bone of the left leg, prepared four vaginal slides and handed them to the constable of P.S Saleha. They also handed over the rope and clothes of the victim in sealed condition. These materials were seized by Kesari Prasad (PW 11) SI of Police Station Saleha on 14-5-2013.

6. The birth records of the victim was collected from Govt. Middle School, village Jamrai by the Investigation Officer vide seizure memo Ex. P/29. The statements of the witnesses were recorded during the course of investigation. M. R. Bagen (PW 22) had gone to the house of Dakhhan Verma the father of the accused Rajesh from where he observed evil smell coming out from the straw (fodder) stored in attari (a room in which fodder etc. are kept). Later, it was known that the dea