JUDGMENT :

VIVEK AGARWAL, J.

1. The present Criminal Reference arises out of a judgment of conviction and order of sentence passed by the learned Fifth Sessions Judge/Special Judge (Under the Protection of Children from Sexual Offenses Act, 2012) Gwalior (M.P.) on 27-7-2018, thereby convicting respondent Jitendra Kushwah S/o Shri Ramprasad Kushwah for an offence under section 363 of the Indian Penal Code, 1860 (hereinafter shall be referred to as IPC) and sentencing with seven years R.I. and fine of Rs. 2,000/-, in default of fine further one months additional R.I. He has been further convicted under the provisions of section 366 of Indian Penal Code with ten years R.I. and fine of Rs. 2000/-. In default of payment of fine one months additional R.I. Said respondent has been further convicted under the provisions of section 376-A, B of the Indian Penal Code as introduced vide Criminal Law (Amendment) Act, 2018 made effective from 21st day of April 2018 with death by hanging. All the sentences were ordered to run concurrently.

2. The convict has filed Cr.A.No. 5950/2018 against the said judgment. Therefore, both the Reference and Appeal have been heard together.

3. Prosecution case in short is that on 20th June 2018, father of the deceased, namely, Radhakrishna Yadav (P.W.1) along with his minor daughter and wife Vandana (P.W.2) had come to Gwalior from his native place Mou, District Bhind to attend a marriage function at place of one Rakesh @ Dharasingh Yadav (P.W.3) R/o Gadda Vala Mohalla, Jhansi Road, Gwalior at about 7.00 p.m. Marriage function was to be performed at Community Hall, Chandbadi, where the family of Radhakrishna had reached at about 9 p.m. In the intervening night of 20th and 21st June 2018, when they were participating in various ceremonies related to marriage, at about 1.00 a.m., daughter of the complainant was asked to deliver mobile phone to P.W.1. After taking such mobile phone, at about 1.30 a.m., P.W.1 asked his wife Vandna (P.W.2) as to whereabouts of their daughter when she informed that their daughter had gone to drink water and has not returned. Thereafter, they started searching for their daughter but she was not traced when certain persons informed them that CCTV cameras have been installed in the house of one Dr. Deepak Yadav (P.W.14) residing close to Community Hall and that may throw some light as to whereabouts of their daughter. When they had seen CCTV camera footage on 21-6-2018 at the place of Dr. Deepak Yadav (P.W.14), they noticed that at about 1.22.15 hours a man in a T-shirt appearing to have a white colour collar and wearing black shoes was going towards the side of the jungle along with their daughter. Later on at about 2.48 a.m. same boy was seen returning back alone, then they had searched for their daughter in the jungle where they found her dead body lying close to bushes. Some members of searching party had reported the matter to the police control room from where police as well as Senior Scientific Officer from Forensic Science Laboratory had arrived at the scene of happening and then P.W.1 had lodged Dehati Nalishi (Ex.P/1), on the basis of which Marg Intimation (Ex.P/2) was recorded and subsequently at 19.40 p.m. FIR (Ex.P/12) recording Crime No. 467/2018 (Ex.P/12) was registered under the provisions of section 302 of Indian Penal Code by Reena Shakya (P.W.6).

4. Sub Inspector Babulal Yadav (P.W.29) had prepared spot map (Ex.P/3). Senior Scientific Officer Akhilesh Bhargav (P.W.19) had prepared the investigation report (Ex.P/33) and a map (Ex.P/34). Balkrishn Mihoriya (P.W.20) had taken about 20 photographs from the spot, which have been marked as Art. 1 to Art. 20. He had also prepared one Compact Disc (CD) (Art.21) and had forwarded it to the Police Station Kampoo vide Ex.P/35. Indrapal Singh Tomar (P.W.26) had seized photograph and Videography CDR containing 700 MB of data, over all 21 articles were seized in presence of Sandeep Dangi (P.W.27), Uttam and Mahesh who had prepared,