P.K.JAISWAL,J. - (1.)Present Criminal Reference arises out of a judgment of conviction and order of sentence dated 14/08/2018 passed by 1 st Additional Sessions Judge/Special Judge, (Protection of Children from Sexual Offences Act, 2012), District Sagar in Special Sessions Trial No.21/2018 thereby convicting respondent-Naresh for the offence under Section 376 (AB) of the Indian Penal Code, 1860 (in short 'IPC') and sentencing him with death.
(2.)Proceeding of the trial along with record are being the reference to this Court for confirmation of death sentence as provided under Section 366(1) of the Code of Criminal Procedure, 1973. The respondent/accused has also filed Criminal Appeal No.6387/2018 against the said judgment, therefore, both, the reference and appeal have been heard together.
(3.)According to prosecution case, complainant-Siyabai (PW-1) who is resident of Mohali and doing the work of making Bidi has lodged a report at Police Station, Rehali, Distt. Sagar that on 18/07/2018 at about 5.30 p.m. her daughter prosecutrix (PW-2) aged about 11 year was sitting with Mamta, mother of Sunil (PW-9) and she was sitting in the house of Smt.Kavita Mishra (PW-5) and making Bidi. After some time, she came to her house and saw that door was locked from outside and keys was with her daughter prosecutrix (PW-2) who was not present. She inquired about her where about, then Sunil (PW-9) told that prosecutrix went to the house of Gataroo, then she went to the house of Gataroo and found that door was closed and the slipper of the prosecutrix (PW-2) was lying outside. She called the prosecutrix (PW-2), who opened the door and was weeping. She was not wearing slax (tight pant) and was wearing only undergarment and Kurta. Then she asked her daughter prosecutrix (PW-2) as to what happened, then she narrated that Sunil (PW-9) called her stating that mother of Gutaroo was calling her and, therefore, she went to the house of Gutaroo where she found that mother of Gutaroo was not present and Naresh (appellant), father of Gutaroo, was present who forcefully took her inside the house removed her slax and by pressing her mouth took her to bed and while lying down, he started touching her private parts and also tried to remove her undergarments. On hearing the voice of Smt. Siya Bai (PW-1), the appellant/accused went to another room.