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2. These appeals are directed against the common judgment and order dated 29.05.2015 in D.B. Criminal Murder Reference No. 3 of 2013 and D.B. Criminal Jail Appeal No. 854 of 2013 whereby, the High Court of Judicature for Rajasthan at Jodhpur has affirmed the judgment of conviction dated 28.09.2013 and order of sentencing dated 01.10.2013 in Sessions Case No. 12 of 2013, as passed by the Court of Special Judge, Protection of Children from Sexual Offences Cases, Rajsamand. 2.1. The High Court, while upholding conviction of the appellant of offences punishable under Sections 363, 365, 376(2)(f), 302 of the Indian Penal Code, 18601 and Section 6 of the Protection of Children from Sexual Offences Act, 20122, has confirmed the death sentence awarded to him by the Trial Court for the offence under Section 302 IPC. 2.2. In addition to the sentence of death for the offence under Section 302 IPC, the appellant has been awarded the punishments of imprisonment for a term of 7 years and fine of Rs. 25,000/- for the offence under Section 363 IPC; imprisonment for a term of 7 years and fine of Rs. 25,000/- for the offence under Section 365 IPC; imprisonment for life and a fine of Rs. 50,000/- for the offence under Section 376(2)(f) IPC; and imprisonment for life and a fine of Rs. 1,00,000/- for the offence under Section 6 POCSO. While providing for default stipulations of further imprisonment in case of non-payment of fine amount, it has also been provided that the fine amount shall be given to the mother of the deceased girl as compensation.

4. With the aforesaid outline, we may take note of the relevant factual and background aspects in necessary details. Relevant factual and background aspects

5. The prosecution in the present case had its foundation in the oral information stated in the form of complaint by PW-1 Kamla on 17.01.2013 at about 08:15 p.m. at Police Station Kankroli, District Rajsamand while being accompanied by her father PW-3 Madan Lal. The complainant alleged that earlier in the day, she was at her fruit-vegetable vending cart near R. K. Hospital with her husband PW-2 Dharam Das and her father PW-3 Madan Lal; that at around 06:30 p.m., Manoj Singh, who earlier lived in the nearby Housing Board Colony, came to her cart on a motorcycle, purchased fruits and gave chocolates to her 8-year-old mentally challenged daughter K4 and left; that he returned to the cart after about 10 minutes, placed her daughter K on his motorcycle and proceeded towards Somnath Chauraha; and that attempts were made to chase him but he was not found. It was also stated by the complainant that she could not note the registration number of the motorcycle but the same was of sky-blue colour. The complainant also described the features and attire of her daughter and alleged that Manoj Singh had kidnapped her daughter.

In custody, accused Manoj Pratap Singh voluntarily disclosed on 18.01.2013 at 2:30 a.m. to me, the SHO, that he could get recovered the dead body of the girl whom he abducted from R.K. Hospital, Rajsamand, killed her and disposed her body at Kamal Talai. The said information was written according to the statement of the accused and the memo has been marked as Ex. P-40 on which signature of accused Manoj Pratap Singh is from A to B who was read over and explained the contents of memo marked as Ex. P-40 who understood the contents and imposed his signature from A to B and my signature is from C to D. After writing the said information, we went to the place in government vehicle as disclosed by accused Manoj Pratap Singh alongwith witnesses Madan Lal and Dharam Raj who were present there. He asked us to stop and get down from the vehicle at the place where Kamal Talai Road meets at 50 feet road. He got down from the vehicle and walking ahead, pointed towards dead body of a girl on the railing of a bridge and said that this is the girl whom he had abducted. Dharam Raj who was also accompanying saw the body and exclaimed that she is her daughter K. Since it was dark, I inspected the body in torch light and found that the girl was dead. There was black colour underwear on her body and rest of the body was completely nude. Multiple abrasions were present on the body of the girl and there was injury on her eye. Since it was night, I prepared memo of recovery Ex. P-7 on which signature of accused Manoj Pratap Singh is from E to F, signature of witness Dharam Raj is from A to B, signature of witness Madan Lal is from C to D and my signature is from G to H…..Thereafter, at dawn, Panchayatnama of girl K was prepared after calling the attesting witnesses wherein all the particulars and the injuries present on the entire body were mentioned; the same were read over to Panchas who, after looking at all the circumstances, opined that the death of the girl K was the result of injuries caused to her body. Memo of Panchayatnama of the body is Ex. P-8….. Thereafter, the dead body was seized and kept in the mortuary of R.K. Hospital, Rajsamand and report was sent to the board for post-mortem. Post-mortem was conducted by medical board and after post- mortem black coloured lower (pajami) which the girl was wearing at the time of incident and on which bloodstains were found, was seized, kept in a bag, sealed, stamped and marked as Ex. P-9…. …..In custody, I got the injuries on the body of accused Manoj Pratap Singh examined for which, I gave the requisition to the medical officer of R.K. Hospital, Rajsamand, the copy of which is Ex. P-41 on which, my signature is from A to B. Thereupon, the accused was physically examined by Dr. Chetna, who recorded the description of injuries on Ex. P-41 which is C to D and signature of doctor is from E to F. Thereafter, following the order of the higher officials, the investigation was handed over to the circle officer Shri Umesh Ojha…..” 9.2.1. The relevant portion of the cross-examination of PW-20 Ganesh Nath could also be usefully reproduced as under: -
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Thereafter accused Manoj Pratap Singh… walked approximately 3 metres from where motorcycle was lying and indicated by his hand and said that there is frock-type skirt, which the deceased girl was wearing; on a close look, the skirt was of red colour with light yellow dots; the skirt was torn and there was blood on its lower side..… …Thereafter…Manoj Pratap Singh…walked to another side of way approximately 2.5 metres, showed by hand, and said that at this place I raped the deceased girl, That place was looking hard on which scratch marks and bloodstains were there. In presence of witnesses, blood sample and control sample were taken separately for test by FSL… *** *** *** During investigation I wrote a letter to Medical Officer R.K. Hospital about DNA test and sexual capability test of accused Manoj Pratap Singh which is Exhibit P–42 on which G to H is my signature. On this medical officer gave the sexual capability report Exhibit P– 43; carbon copy of identity and consent form is Exhibit P–44 and carbon copy of forwarding the blood sample for DNA test is Exhibit P–45… *** *** *** During investigation I had obtained the disability certification of K by the Board of Doctors, which is Exhibit P–11 on which I to J is my endorsement and K to L is my signature. I also obtained the mental retardation certificate of deceased K from Shri Dwarkesh Aksham Seva Sansthan which is Exhibit P–12 on which C to D is my endorsement, E to F is my signature and A to B signature of the grandfather of the deceased Madan and G to H is signature of Principal Jagriti Special School, Kankroli. The progress report of Jagriti Special School, Kakroli is Exhibit P–13 on which C to D is my endorsement and E to F is my signature. The certificate of date of birth and school entrance form of Govt. Primary School, Gadriyawas is Exhibit P–14 on which C to D is my endorsement and E to F is my signature, G to H is signature and seal of the Principal Govt. Primary School, Gadriyawas Dohinda… *** *** *** … The First Information Report registered at Police Station Nathdwara regarding theft of the motorcycle number RJ 30 3M 5944, used by the accused Manoj Pratap Singh in the present incident, is Exhibit P-46, carrying my endorsement at C to D and my signature at E to F. A written requisition sent to the SHO, P.S. Shambhupra District Chittorgarh for obtaining the previous conviction record of the accused Manoj Pratap Singh and his report is Exhibit P-47 on which G to H is my endorsement and I to J is my signature. Along with this letter, the SHO P.S. Shambhupra District Chittorgarh had forwarded the true copy of FIR No. 69/11 registered against accused Manoj Pratap Singh with the charge-sheet, which was taken on the file. Similarly, FIR No. 428/12 and charge-sheet therein against the accused Manoj Pratap Singh at P.S. Rajnagar, District Rajsamand was taken on record. The copies of FIR and charge-sheet in case Nos. 79/12 and 78/12 registered at P.S. Kankroli, District Rajsamand were also taken on record…” 9.3.1. We may also usefully extract the relevant parts of the statement made by this witness in cross-examination as under: -