COMMON JUDGMENT

(Per The Hon’ble Sri Justice Sambasivarao Naidu)

This referred trial arose with the letter received from Metropolitan Sessions Judge, Ranga Reddy District, dated 19.02.2021, whereunder he sought confirmation of death sentence imposed in a sessions case vide S.C.No.592 of 2018 against the sole accused. Since the accused also filed an appeal, challenging the said Judgment, we have heard the learned Additional Public Prosecutor and counsel to whom the criminal appeal was referred by the legal-aid committee, together and disposing them under this Judgment.

2. Before discussing the grounds under which the appellant/accused sought for setting aside the Judgment, his conviction and sentence and also the letter from trial Court, it is just required to examine the contents of charge sheet filed against the appellant, charges framed against him, details of the evidence as well as arguments advanced by prosecution and defense.

3. The appellant herein has been prosecuted by the State, through police, Narsingi, with an allegation that he kidnapped a girl of five (5) years, committed rape on her and killed her. Thereby committed the offences under Section 363, 366, 376(A), 302 of Indian Penal Code (for short ‘IPC’) and under Section 5(l)(m) and Section 6 of Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’).

4. The following is the case of prosecution in brief: PW1 Smt.Ambika Mishra and PW2 Mr.Saradi Prasanna Mishra is wife and husband and hails from Ender Village of Odissa State. They have got two(2) children, a girl aged about five(5) years and a boy aged about two(2) years. They, in search of their livelihood, migrated to Hyderabad and were working with Arya Mithra Constructions, Alkapuri, Hyderabad.

5. The appellant hails from Kalimati Village of Madhya Pradesh and he too came to this State for eking livelihood and was working for the same construction company.

6. The prosecution has alleged that on 12.12.2017 at about 12:00 in the noon, the appellant took the daughter of PWs 1 and 2 who (hereinafter be referred as ‘SM’) on the pretext of giving chocolate towards a kirana shop. Later, he alone returned to the labour camp where all these workers were provided accommodation. When PW1 enquired him about her daughter, the appellant told her that he left SM at labour camp and she might be playing somewhere. PW1 and her family members searched for the girl in the colony, but could not found her. Therefore, PW1 approached police and presented a report, narrating the above events, sought the help of police. The said complaint was registered as a case in Crime No.818 of 2017 for the offence under Section 363 IPC, by PW11 who took up the initial investigation. He has examined PWs 1 and 2, collected the photographs of SM and visited the surrounding places of labour camp. In view of the specific allegation and suspicion raised by PW1 in her report, the police took the appellant to police station at 11:00 p.m., on the same day and produced him before PW15/Inspector of Police, Narsingi. The appellant was interrogated in the presence of PW8 and one Dara Narender (LW10). The appellant said to have confessed the commission of kidnap, rape and murder of victim/SM and lead the police to the place where he committed rape on SM and where he killed her.

7. The police have found the dead body of SM with multiple injuries on her head and on private parts. They have observed the scene of offence in the presence of same witnesses and prepared a mahazar and a sketch. The police after completing inquest on the dead body, referred the same to Osmania General Hospital for post mortem. They have obtained photographs at the scene of offence with the help of clues team. They have collected blood stains from the clothes of SM and other incriminating material including gunugu flowers which were there at the scene of offence also found in his pant at the time of his confession. The appellant was arrested, referred for medical examinat