Criminal appeal of rape accused heard, awarded 20 yrs’ RI, fine

Source: The Hitavada      Date: 27 Oct 2018 12:19:55

 Legal Correspondent,

DIVISION bench of Madhya Pradesh High Court comprising Chief Justice Hemant Gupta and Justice Vijay Kumar Shukla while hearing the matter related to rape case and Special Sessions Judge sentenced death award on Friday said that the Criminal Reference made by 6th Additional Sessions Judge/Special Judge, POCSO Act, Katni, under Section 366(1) of CrPC for confirmation of death penalty of the accused is answered but the capital punishment for the offence under Section 376(AB) is commuted to rigorous imprisonment for a period of 20 years and fine of Rs 10,000, in default payment of fine, the accused will undergo further rigorous imprisonment for 2 months. Conviction and sentence under Section 366 of IPC is maintained.

Criminal appeal filed by the accused stands disposed of in the manner as delineated above. Let a copy of this judgement be retained in the record of criminal appeal. The office is directed to send a copy of the judgement immediately to the Trial Court concerned to take appropriate steps as per law. Division bench heard two Criminal Reference, first-Criminal Reference in Reference (Received from VIth Additional Sessions Judge/Special Judge, POCSO Act) Katni). In Reference-versus-Raj Kumar Kol and second Criminal Appeal Raj Kumar Kol-Versus- State of Madhya Pradesh.

The reference has been made for confirmation of order of capital punishment of death awarded in Special Session Trial passed by 6th Additional Sessions Judge/Special Judge, Katni, whereby the accused has been convicted under Section 376(AB) amended by Act No. 2 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 penalty subject to confirmation by the High Court. The convict filed criminal appeal against the order, therefore, both the references and appeals were taken up for hearing together and were disposed of by common order. 

On July 6, 2018, a written complaint was submitted at Katni Police Station by Suman Panjwani (Badi Maa of the prosecutrix) alleging that the prosecutrix is daughter of his sister-in-law (elder brother’s wife) and she is aged about 5 years and studies in KG-1 in Bardsle English Medium School. The accused, an auto driver of school, was engaged to pick up and drop the girl from school. It is alleged that on the fateful day when the prosecutrix went to washroom she complained about pain in her private parts and started crying. She enquired about the same, then the prosecutrix disclosed the entire incident. Thereafter, family members went to the police station and filed a written complaint. On the complaint, a case was registered for offence under Section 376(2)(I) and 323 of IPC and Section 3/ 4 of the Protection of Children from Sexual Offences Act, 2012.

After registration, investigation started and with consent of elder mother (Badi Mammi) Suman, the prosecutrix was sent for medical examination. The form which was prepared by Sub-Inspector Manju Sharma. She was examined by Dr Sunita Verma. The prosecutrix was further referred to Jabalpur Medical College where she was examined by Dr Najrin Siddiqui.