Judgment

09- September-2021 Per G. S. Ahluwalia J.

CRRFC No.3/2020 is a reference under Section 366 of Cr.P.C.

for confirmation of death sentence, whereas Cr.A. No.3007/2020 has been filed by the accused/appellant against the judgment and sentence dated 7-3-2020 passed by 2nd Additional Sessions Judge/ Special Judge (POCSO ACT), Vidisha in S.T. No.300002/2016 by which the appellant Ravi @ Toli has been convicted and sentenced as under :

2. It is not out of place to mention here that earlier the Trial Court by judgment and sentence dated 26-9-2019 had convicted the appellant for the above mentioned offences and had awarded death sentence. The appellant preferred Criminal Appeal No.9132 of 2019 whereas CRRFC No.13/2019 was registered for confirmation of death sentence.

3. As this Court found that Sanjeev Chouksey (P.W.31) was examined contrary to the provisions of Section 273 of Cr.P.C., therefore, by Judgment dated 30-1-2020, this Court set aside the judgment and sentence passed by the Trial Court and remanded the matter back with a direction to the Trial Court to cause examination, cross-examination and re-examination of prosecution witness namely Sanjeev Kumar Chouksey (P.W.31) in the presence of the appellant and to record the statement of the accused under Section 313 of Cr.P.C. and to pronounce the judgment afresh.

4. Accordingly, the Trial Court after recording the evidence of Sanjeev Kumar Chouksey (P.W. 31), again convicted and sentenced the appellant by the impugned judgment.

5. The prosecution story in short is that on 24-10-2015 in between 2 P.M. to 7 P.M., the appellant/accused kidnapped a 7 years old prosecutrix from a temple situated outside the platform no.6, Railway Station Bhopal, from the custody of her lawful guardians. Thereafter, he took her to Vidisha and committed rape and killed her by smothering. The dead body of a minor girl was found in a well situated in the field of Mullu Patel in Vidisha. Accordingly, the Police Station Civil Lines, Vidisha was informed. Asstt. Sub-Inspector S.N.S. Solanki reached on the spot and registered merg intimation (Ex. P.1). The Police Station Civil Lines, registered Merg case No.80/2015. S.N.S. Solanki prepared a spot map. Thereafter, the dead body of the deceased was taken out from the well. One Blue Jeans was also found in the well and vide seizure memo Ex. P.4, water from the well and blue jeans were seized. The photography of the recovery of dead body of the deceased from the well was done. The photographs were seized. Tibia bone for diatom test, sternum bone, 5 ml of blood of the deceased,viscera, uterus, heart, kidney, spleen and liver, whole stomach and its contents, a piece of small intestine, and salt solution were sealed and handed over to the police constable. Since, the dead body of the deceased had remained unidentified, therefore, it was buried. On 29-10-2015, one slacks of black colour, two coins of 1 Rupee, one steel ring, blood stained earth and plain earth were seized from a place at a distance of 100 ft.s from well from where the dead body of the deceased was recovered. Another spot map of the place from where slacks was recovered was prepared. The photographs of slacks, blood stains, coins and ring were taken. On the same day, one shawl was seized from Puja Kirar. On 31-10- 2015, one mobile was seized fr