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Rajkumar Vs. State of M.P. [25/02/14]

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[Criminal Appeal Nos. 1419-1420 of 2013]. These appeals have been preferred against the impugned judgment and order dated 27.6.2013 passed in Criminal Reference No. 01 of 2013 and Criminal Appeal No. 397 of 2013 passed by the High Court of Madhya Pradesh at Jabalpur affirming the conviction of the appellant under Sections 376 and 450 of the Indian Penal Code, 1860 (hereinafter referred to as the 'IPC') as well as confirming the death sentence awarded for the offence under Section 302 IPC by the trial court vide judgment and order dated 5.2.2013 passed in Sessions Trial No. 20 of 2013. Facts and circumstances giving rise to these appeals as per the prosecution are that: On 26.12.2012, the appellant, aged 32 years, came to the house of his neighbour Iknis Jojo (PW.1) and stayed with his four children as Iknis Jojo (PW.1) and his wife Albisiya had gone to irrigate agricultural fields in the night. The appellant was on visiting terms with the family and the children used to call him "Mama" i.e. maternal uncle. On the said night, he had taken liquor and meals in the complainant's house and when retiring for the night, the appellant asked the prosecutrix Gounjhi, aged 14 years not to sleep with her three siblings i.e. Sushma, Sanchit and Aric, rather to sleep at some distance from them.

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