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2022 Supreme(Online)(MP) 10316
HIGH COURT OF MADHYA PRADESH
Anand Koal – Appellant
Versus
The State Of Madhya Pradesh – Respondent
CRA 4162/2020
Abhay Gupta,Advocate General
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE SHRI JUSTICE SUJOY PAUL &
SHRI JUSTICE PRAKASH CHANDRA GUPTA CRIMINAL APPEAL No.4162 OF 2020 Between :-
ANAND KOL, S/O HARIPRASAD KOL, AGED 25 YEARS, BY OCCUPATION LABOUR, R/O MIDLI TORIYA, THANA SUATALA, DISTRICT NARSINGHPUR, M.P.
.…APPELLANT (BY SHRI ABHAY GUPTA, ADVOCATE FOR THE APPELLANT AND STATE OF MADHYA PRADESH, THROUGH, POLICE STATION DISTRICT NARSINGHPUR, (MP)
….RESPONDENT (BY SHRI YASH SONI, GOVERNMENT ADVOCATE CRRFC No.04 OF 2020 Between :-
IN REFERENCE .…APPELLANT (BY SHRI IMTIYAZ HUSSAIN, SENIOR ADVOCATE WITH SHRI MOHD. SAJJID KHAN AS AMICUS CURIAE AND ANAND KOL, S/O HARIPRASAD KOL, AGED 25 YEARS, R/O MIDLI TORIYA, THANA SUATALA, DISTRICT NARSINGHPUR, M.P.
….RESPONDENT (BY SHRI ABHAY GUPTA, ADVOCATE -------------------------------------------------------------------------------------------------------
Reserved on : 01/09/2022 Delivered on : 08/09/2022 -------------------------------------------------------------------------------------------------------
J U D G M E N T
Sujoy Paul, J. :-
The Death Reference and Criminal Appeal are arising out of impugned judgment dated 17.03.2020 passed in Case No. SC ATR 02/2020, whereby appellant was held guilty for committing the offences and sentenced as under :-
Serial No.
CONVICTION
SENTENCE
1.
Under Section 302 of IPC.
Death Sentence. To be hanged till death.
2.
Under Section 366 of the I.P.C.
RI for ten (10) years and fine of Rs.2,000/- only. In default of payment of fine further R.I. for 01 month.
3.
Under Section 364 of the I.P.C.
Life Imprisonment and fine of Rs.2,000/- only. In default of payment of fine, further R.I. for one (01) month.
4.
Under Section 449 of I.P.C.
Life Imprisonment and fine of Rs.2,000/- only. In default of payment of fine, further R.I. for one (01) month.
5
Under Section 06 read with 5(m) of Protection of Children from Sexual Offences Act, 2012
Death Sentence. To be hanged till death.
All sentences shall run concurrently. In the above death sentence, it was directed that the appellant be hanged by the neck till his death.
THE FACTUAL BACKGROUND :-
2. As per the prosecution story, victim belonged to a notified Scheduled Tribe of Madhya Pradesh, i.e. ‘Gond’. The victim was a student of Class-2 and on 22nd of November 2019, she was sleeping with her parents, grand parents and other family members in the premises of her house in Midhlitoriya, Barban, District Narsinghpur. At around 12.30 night the mother of the victim (PW-1) found that the victim, who was sleeping between her and grand mother is missing. She promptly raised an alarm and the family members started searching the victim. When victim could not be found, on 23rd of November 2019 at 2 A.M., a missing person report, (Ex.P-2) was registered. In addition, an offence under Section 363 of IPC in Crime No.412/2019 was also registered. During the course of investigation, a spot map of the house from where the victim went missing was prepared and marked as Ex.P-6. On the next day, i.e. on 24th of November 2019 at around 15:30 O’clock the dead body of the victim was found in village Chabarpatha, Patwari Halka No. 44, Tahsil Tendukheda, District Narsinghpur. The body was found in Kh. No.154/2 belonging to one Mukesh Sen. A merg panchanama, (Ex.P-5) was prepared. The spot map of this place, (Ex.P-29) was prepared. The slacks and underwear of the deceased were seized by Ex.P-18. The blood stained soil and plain soil, nail cuttings of nails of both the hands of deceased and three small hair found on the right hand of deceased were recovered through Ex.P-19. The dead body of the victim was sent to District Hospital, Narsinghpur.
3. In turn, a team of Doctors conducted the postmortem. Two vaginal swab slides, two anus swab slides and two oral swab slides were prepared. In addition, blood sample of the deceased was taken and her frock, which she was wearing was also rec
