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 2^nd Additional Sessions Judge/

Special Judge (POCSO ACT), Vidisha in S.T. No.300002/2016 by

2

which the appellant Ravi @ Toli has been convicted and sentenced as

under :

Conviction under Section Sentence

Fine

363 of I.P.C.

7 years R.I.

Rs. 1,000 in default 1

month R.I.

366A of I.P.C.

10 years R.I.

Rs. 2,000 in default 2

months R.I.

364 of I.P.C.

10 years R.I.

Rs. 2,000 in default 2

months R.I.

376(2)(i) of I.P.C.

Life Imprisonment

till natural death

Rs. 4,000 in default 3

months R.I.

376(2)(j) of I.P.C.

Life Imprisonment

till natural death

Rs. 4,000 in default 3

months R.I.

376(2)(k) of I.P.C.

Life Imprisonment

till natural death

Rs. 4,000 in default 3

months R.I.

302 of I.P.C.

Death Sentence

201 of I.P.C.

7 years

Rs. 1,000 in default 1

month R.I.

All the sentences

shall

run

concurrently.

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

3

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

4

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