1 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS.1059-1060/2019 [@ SLP [CRL.] NOS.6522-6523/2013] DILEEP BANKAR Appellant (s) VERSUS STATE OF MADHYA PRADESH Respondent(s) O R D E R The appeals arise out of the final judgment and order dated 04.07.2013 in Criminal Appeal No.647/2013 and Criminal Reference No.2/2013 passed by the High Court of Madhya Pradesh at Jabalpur whereby the High Court confirmed the reference made by the trial Court and dismissed the appeal of the appellant. The brief facts of the case are that the victim was a minor girl aged about 5 years. On 20.8.2005, she was playing with her brother Chhutu @ Jagmohan near a temple situated adjacent to her house. her away. her to The appellant at that time went there and took Thereafter, he committed rape on her and throttled death. When the victim evening, her father lodged a report. during the course of inquiry did not return home till The Investigating Officer learnt that one person whose Signature Not Verified appearance resembled with the appellant was last seen with the Digitally signed by ASHA SUNDRIYAL Date: 2019.07.17 18:00:06 IST Reason: victim. The appellant was interrogated and a memorandum statement was prepared, on the basis of which, body of the