Case Note & Summary
The case arose from Crime No. 634 of 2022 registered at Police Station Kalamna, Nagpur, initially for offences under Sections 305, 306, 376 of the Indian Penal Code and the POCSO Act based on an FIR lodged by the maternal aunt of the victim against other family members. During investigation, the role of the accused, Guddu Chhotelal Rajak, father of the victim, came to light. The victim, a minor girl, was found hanging in her house on 6 November 2022. The accused was present, and suicide notes were recovered implicating four other persons who were later discharged. The investigation revealed that the victim had been raped and that the accused had photographed her while alive, standing on a stool with a rope around her neck, and had taken photographs of the suicide notes earlier in October 2022. The statement of the younger daughter (PW-1) disclosed that the accused forced the victim to stand on a stool, tied a rope, and removed the stool, causing her death. The postmortem confirmed rape. The accused was also found to have subjected his children to cruelty. Consequently, the police added sections of murder, attempt to murder, hurt, false information, conspiracy, POCSO, and Juvenile Justice Act. After investigation, a charge-sheet was filed, and the trial was conducted before the Special Court (POCSO) and Additional Sessions Judge, Nagpur. The prosecution examined 25 witnesses including the victim's sister, medical experts, police officials, handwriting expert, and digital evidence analysts. The trial court convicted the accused on 21 May 2024 for multiple offences. He was sentenced to death under Section 302 IPC and Section 6 of the POCSO Act, life imprisonment under Sections 307 and 120-B IPC, and rigorous imprisonment for other offences, with fines. He was acquitted under Section 201 IPC. The trial court referred the death sentence to the High Court for confirmation under Section 366(1) of the Code of Criminal Procedure, 1973. The accused also filed an appeal challenging the conviction and sentence. Both matters were heard together on 22 April 2025. The judgment was pronounced on 11 November 2025. The provided excerpt of the judgment does not include the court's analysis or final decision; it primarily sets out the prosecution case, witnesses, and documents.
Headnote
A) Criminal Procedure - Death Sentence Confirmation - Section 366(1) of the Code of Criminal Procedure, 1973 - Mandatory confirmation by High Court - The trial court sentenced the accused to death for murder and rape, requiring confirmation proceedings. The matter was referred to the High Court for confirmation as per statutory mandate. (Paras 3-4) B) Criminal Law - Offence of Murder - Section 302 of the Indian Penal Code, 1860 - Father convicted for murder of minor daughter - The prosecution case was that the accused, the father of the victim, caused her death by hanging after forcing her onto a stool, tying a rope, and removing the stool. The trial court convicted him based on the evidence of his younger daughter and photographic evidence. (Paras 2, 12-13) C) Criminal Law - Offence of Rape of Minor - Sections 376(2)(f), 376(2)(n) of the Indian Penal Code, 1860 and Section 6 of the Protection of Children from Sexual Offences Act, 2012 - Aggravated penetrative sexual assault by father - Postmortem report revealed that the victim, a minor, was raped. The accused, being her father, was convicted for the aggravated offence. (Paras 13-14) D) Evidence - Child Witness - Statement of younger sister - Crucial testimony - The younger daughter (PW-1) stated that her father caused the victim to stand on a stool, tied a rope around her neck, and removed the stool, leading to her death. This evidence formed the basis for the conviction. (Paras 12-13) E) Criminal Law - Offences Against Public Justice - Sections 182, 193, 194, 196, 203, 120-B of the Indian Penal Code, 1860 - Fabrication of false evidence and conspiracy - The accused was also convicted for various offences related to false information, conspiracy, and destruction of evidence, including photographing the incident and suicide notes. (Paras 2, 11) F) Juvenile Justice - Cruelty to Children - Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 - Assault on children - The investigation revealed that the accused used to beat his children mercilessly, leading to conviction under this provision. (Paras 13)
Issue of Consideration
Whether the death sentence imposed by the trial court should be confirmed under Section 366(1) of the Code of Criminal Procedure, 1973; Whether the conviction and sentence recorded by the trial court for offences under Sections 302, 376(2)(f), 376(2)(n), 307, 323, 182, 193, 194, 196, 203, 120-B IPC, Section 6 of the POCSO Act, 2012, and Section 75 of the Juvenile Justice Act, 2015, are sustainable.
