SHIV KUMAR SHARMA, J. - (1.)This case reveals a shameless incident that occurred sometime on October 30, 2003 in which the alleged sexual assault and murder is said to have been committed by the appellant herein, with victim Priyanka, a girl of the tender age of about 7 years, who fell a prey to his lust. Learned Judge, Special Court Scheduled Caste and Scheduled Tribe (Prevention of Atrocities Cases), Kota relying on the circumstantial evidence convicted the appellant vide judgment dated September 28, 2005 for the offences under Sections 302, 376 and 201, IPC and having regard to the peculiar facts and circumstances of the case found it to be rarest of rare cases and, therefore, sentenced him thus :- U/S. 302, IPC Sentence of death and fine of Rs. 500/-, in default to suffer one month impnsonment U/S. 376, IPC : To suffer life imprisonment and fine of Rs. 500/-, in default to further suffer one month simple imprisonment U/S. 201, IPC : To suffer rigorous imprisonment of seven years and fine of Rs. 500/-, in default to further suffer one month simple imprisonment.
(2.)The learned Judge, Special Court Scheduled Caste and Scheduled Tribe (Prevention of Atrocities Cases), Kota made a reference (bearing Death Reference No 3/2005) under Section 366, Cr. P. C for confirmation of death sentence. The appellant Rajendra Singh alias Hem Singh also preferred appeal challenging his conviction and sentence as aforesaid. We straightway proceed in accordance with Sections 366 and 368, Cr. P C to examine the entire evidence independently.
(3.)The brief facts as unraveled by the prosecution at the trial are as follows :- On October 30, 2003 at about 3.10 p.m Smt. Ram Vilas lodged a written report (Ex P-24A) of police station Vigyan Nagar, Kota to the effect that her daughter Priyanka aged 7 years who was playing outside of the house did not come back and despite vigorous search she could not be found. Bhagwan Sahai, ASI registered the report and directed police squad to search Priyanka. Prior to it at 3 p.m. on the said day some unknown person telephonically informed Police Station Vigyan Nagar that a girl had fallen into a well near Hanuman temple of Sanjay Nagar. This information was entered in Rojnamcha (Ex P-23A) by Chhagan Singh ASI. The police with the help of Municipal Corporation thereafter searched the well but the girl was not found and report to this effect (Ex. P-25A) was entered in Rojnamcha at 9.30 p.m on October 30, 2003. The Police Station Vigyan Nagar on November 1, 2003 at 9.30 a.m. received telephonic message of Parmanand Meena (father of Priyanka) that from the locked room of his tenant Rajendra foul smell was spreading This information was entered into Rojnamcha (Ex. P26A) and Bhagwan Sahai ASI along with police squad reached to the house of Parmanand Meena Tenanted room of Rajendra was broke open and searched. Inside the room dead body of Priyanka was found lying in a green plastic bucket covered with a jute bag. Parmanand Meena at this juncture handed over a written report (Ex P-16) to Bhagwan Sahai ASI. Case under Sections 302 and 376, IPC was registered against Rajendra Singh alias Hem Singh and investigation commenced. On completion of investigation charge-sheet was filed and in due course the case came up for trial before the learned Judge, Special Court Scheduled Caste and Scheduled Tribe (Prevention of Atrocities Cases), Kota Charges under Sections 376, 302, 201, IPC and Section 3(2)(5), Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act were framed. The appellant denied the charges and claimed trial. The prosecution in support of its case examined as many as 22 witnesses In the explanation under Section 313, Cr P C., the appellant claimed innocence No evidence in defence was however examined. Learned trial Judge on hearing final submissions decided the case as indicated hereinabove