Ajit Singh, Alok Aradhe
In reference – Appellant
Versus
Anokhilal – Respondent
Ajit Singh, J. 1. The Sessions Judge, Khandwa, by his judgment dated 4.3.2013 passed in Sessions Trial No.53/2013 has sentenced accused Anokhilal to death for committing the murder of a minor girl, aged nine years, after raping and performing carnal sex with her. He has also convicted the accused for offences under sections 376(2)(f), 363, 366 and 377 of the Indian Penal Code and sentenced to life imprisonment and other terms of imprisonment with fine stipulations. All the sentences have been directed to run concurrently. The Sessions Judge has, therefore, made a reference to the High Court. Being aggrieved with the conviction, the accused has also filed Criminal Appeal No.248/2013. The reference and criminal appeal are being decided by this common judgment.
2. The relevant facts are these. Victim of the incident was a minor daughter, aged nine years, of Ramlal (P.W.2) and Shantu Bai (P.W.3). Although Ramlal belongs to village Langoti, he has shifted with his family to village Surgaon Joshi, District Khandwa, where he is employed as Chowkidar in a school. Ramlal lives in a room provided by the school within its premises which is in the outskirts of village. The accused also
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