JUDGEMENT
V.K.SHUKLA, J. -
(1.)The reference has been made for confirmation of order of capital punishment of death awarded in Special Session Trial No.55/2018, passed by 6 th Additional Sessions Judge/Special Judge, Katni, whereby the accused has been convicted under Section 376(AB) amended by Act No. 22/2018) and 376(2)(I) and 323 of IPC and under section 3/4 and 5(E)/6 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to death by hanging till he dies subject to confirmation by the High Court.
(2.)The convict has filed Criminal Appeal No.5786/2018 against the said judgment, therefore, both the reference and appeal are taken up for hearing together and are being disposed of by common order.
(3.)Prosecution story in short is that on 06-07-2018 in the night of 23.10 hours, a written complaint (Ex.P-1) was submitted before the Police Station Katni by Suman Panjwani (Badi Maa of the prosecutrix) alleging that the prosecutrix is daughter of his sister-in-law (wife of husband's elder brother) and she is aged about 5 years old and is studying in KG-1 in Bardsle English Medium School. The accused, who is an auto driver of Auto No.MP- 21R/0145 was engaged to pick up and drop the girl from school. It is alleged that on the date of incident when the prosecutrix went for urination, she made a complaint about the pain on her private part and started crying. When the mother of the prosecutrix checked up her private part, she found that there was redness and abrasion near private part. She enquired about the same, then the prosecutrix disclosed that the accused had taken her to an unknown place while going to school and kissed her and thereafter he had removed her undergarments and inserted finger on her private part. He had beaten her and also threatened not to disclose the incident to anyone. The mother disclosed the incident to her husband Ramesh and thereafter her Badi Mammi and the other family members went to the police station and submitted written complaint. On the said complaint, Crime No. 518/2018 was registered for commission of offence under Section 376(2)(I) and 323 of IPC and Section 3/ 4 of the Protection of Children from Sexual Offences Act, 2012.
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