SANTOSH MARKAM Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2022-9-32
HIGH COURT OF MADHYA PRADESH
Decided on September 05,2022

Santosh Markam Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents




JUDGEMENT

SUJOY PAUL,J. - (1.)The validity of judgment dtd. 24/01/2020 passed in S.T.No.22/2019 is under question in this reference and in the criminal appeal filed by the appellant whereby the Court below held the appellant guilty for committing offences under Sec. 376(AB) of Indian Penal Code and directed to impose death sentence. The appellant was also held guilty for committing offence under Ss. 366 and 324 of Indian Penal Code for which he was directed to undergo sentence of 10 years R.I. and 3 years R.I. respectively with default stipulations.
FACTUAL BACKDROP :

(2.)The parents of the prosecutrix/victim are beggars. They were residing in a vacant place/jail ground near Bus Stand Narsinghpur. The incident had taken place in the intervening night of 24/06/2019 and 25/06/2019. Four days before the incident, certain other relatives of victim also reached the ground where victim and her parents were staying. They were also staying with the family of the victim.
(3.)As per the prosecution story, on 24/06/2019 at around 10:00 P.M. the parents of victim, the victim and her younger sister went to sleep. At around 2:30 A.M., the mother of victim (PW-3) found that victim is sleeping in her bed. However, again when she awake at around 3:00 A.M. she found that victim is missing from her bed. She raised an alarm and her husband (PW-1) and brother-in-law (PW-26) also came out of their slumber. The parents and relatives searched nearby places but could not find the victim.


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