C.A.V. JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date: 20-10-2020

 Accused Ajit Kumar and Vishal Kumar enticed and kidnapped the prosecutrix (hereinafter referred to as ‘the deceased’), a minor girl, from the guardianship of her parents residing in Village Pipra (Bihar) and took her first to Patna (Bihar) and then to Vadodara (Gujarat) where she was subjected to gang rape and burnt to death.

2. In crux, this is the case of the prosecution, concerning which accused Ajit Kumar stands convicted for committing an offence punishable under Sections 363, 366A, 120B, 302, 376(D) of the Indian Penal Code and Section 6(g) of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as “POCSO Act, 2012).

3. Concerning an offence under Section 302 I.P.C., the accused stands sentenced to be hanged by the neck till his death. No separate sentence about the other crimes stands passed.

4. Resultantly,Death Reference No. 03 of 2018titled asThe State of Bihar Vs. Ajit Kumaris before us for confirmation of such a sentence of death.

5. The accused has challenged the correctness of the findings returned, the judgment of conviction; and the sentence, vide connected Cr. Appeal (DB) No. 888 of 2018 titled as Ajit Kumar Vs. The State of Bihar.

6. It is the prosecution case that on 19^th April 2017, Amir Imamul Haque Hemja (P.W.3) informed the police at Police Station Manjhagarh, Gopalganj district (Bihar) that since 10^th March 2017 his daughter, i.e. the deceased (name concealed), was missing. Two persons namely accused Ajit Kumar and Vishal Kumar, on the pretext of solemnizing marriage allured her to travel with them from Bihar to Gujarat where she was subjected to torture and accused Ajit Kumar subjected her to sexual assault prompting her to set herself on fire on 19^th April 2017, which version stands improvised by the complainant that the accused set her on fire. On 20^th April 2017, officials of the Police Station, Manjhagarh (Bihar) informed him of the death of his daughter who died of burn injuries. He travelled to Vadodara (Gujarat) with his relatives Md. Imran Ali and Kamran Ali and identified the dead body of the deceased. Based on a signed statement of Amir Hamja (P.W.3), the police lodged U.D. Case No. 25 of 2017 at Makarpura Police Station, Vadodara (Gujarat) which subsequently stood transferred to Police Station Manjhagarh (Bihar) where F.I.R. No. 67 of 2017 dated 29^th April 2017 was registered. The investigation was carried out both in Gujarat and Bihar and charge-sheet presented in the Court on 24^th April 2017 only against accused Ajit Kumar with investigation qua other accused Vishal Kumar and Govind Prasad also involved in the crime, kept pending.

7. On 30^th August 2017, the Trial Judge charged Ajit Kumar for having committed offences punishable under the Indian Penal Code and the POCSO Act, to which he pleaded not guilty and claimed trial.

8. The chart showing the Sections of the Indian Penal Code and the POCSO Act is given below: -

9. For establishing the guilt of the accused, in all, the prosecution examined six witnesses.

10. The trial court found the statements of the witnesses to be inspiring in confidence; beyond a shadow of reasonable doubt; and there being nothing on record “to disbelieve the prosecution version”. For convicting the accused under Sections 363 and 366A/34 I.P.C., the trial judge relied upon the sole testimony of relatives of the deceased; and for convicting foran offence under Section 302 I.P.C. the Trial Court referred to and relied upon the testimony of doctor (P.W.5) and Investigating Officers (P.W.4 & P.W.6) and for convicting under Section 376(D) I.P.C. and 6 (g) POCSO Act, the trial judge took benefit from the admission made by accused Ajit Kum