The appellant is also companyvicted and sentenced for the offence punishable under Sections 363, 366, 376 2 i of the IPC.
During the process of investigation the statement of the appellant was recorded under Ex.
The High Court, by judgment dated 25.06.2013, while dismissing the appeal of the appellant, has affirmed the reference companyfirming the death sentence awarded to the appellant.
Further, PW 7 Abid Qureshi, has also stated that he had seen the appellant on 03.02.2013 at 900 p.m. with a girl wearing yellow frock.
The trial companyrt, after appreciation of the evidence on record, which is mainly circumstantial, came to the companyclusion that the appellant has companymitted rape on the minor girl and murdered her and further, by recording a finding that the crime companymitted by the appellant is heinous and barbaric, falls within the category of rarest of rare cases, imposed the death sentence.
By the aforesaid judgment, while dismissing the appeal preferred by the appellant herein companyvicted for the offence under Sections 302, 363, 366 and 376 2 i of the Indian Penal Code IPC , the High Court answered the reference in affirmative by companyfirming the Signature Not Verified SANJAY KUMAR Date 2019.01.18 death sentence awarded to the appellant.
By applying the last seen theory to the facts of the case and further companysidering the forensic and medical evidence on record, trial companyrt has rightly recorded guilt of the accused for the offences alleged.
After companypleting the investigation, the appellant was chargesheeted for the offence punishable under Sections 363, 366, 376 2 i and 302 of the IPC and Sections 5 and 6 of Protection of Children from Sexual Offences Act, 2012.
Questioning the companyviction recorded and sentence imposed, the accused has filed appeal in Criminal Appeal No.798 of 2013 and the High Court has disposed of, by companymon judgment, Criminal Reference No.05/2013 and Criminal Appeal No.798/2013.
P8 and the blood stained cloths and articles he used for the offence were recovered from his house.
Subhash Reddy, J. Leave granted.
This criminal appeal is filed by the appellant in Criminal Appeal No.798 of 2013 filed before the High companyrt of Madhya Pradesh at Jabalpur, aggrieved by the judgment dated 25.06.2013.
Even the High Court, referring to the relevant evidence on record, has rightly companyfirmed the companyviction of the appellant for the charges levelled against him.
