LAWS(SC)-2020-11-47

SHATRUGHNA BABAN MESHRAM Vs. STATE OF MAHARASHTRA

Decided On November 02, 2020
Shatrughna Baban Meshram Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) These appeals by Special Leave challenge the common judgment and order dated 12.10.2015 passed by the High Court [The High Court of Judicature at Bombay, Nagpur Bench, Nagpur] in Criminal Appeal No.321 of 2015 and Criminal Confirmation Case No.1 of 2015 affirming the judgment and order dated 14.08.2015 passed by the Trial Court [The Additional Sessions Judge, Yavatmal] in Special Case (POCSO Act[Protection of Children from Sexual Offences Act, 2012]) No.11 of 2013 and confirming the Death Sentence awarded to the Appellant on two counts i.e. under Section 302 of the Indian Penal Code (IPC, for short) and under Section 376A of IPC.

(2.) The victim in the present case was a girl of two and half years of age and the First Information Report was lodged at 09.25 p.m. on 11.02.2013 by her father with Parwa Police Station, Yavatmal as under:-

(3.) As stated in the FIR, the victim was taken to PW6 Dr. Md. Jaffar Siddiqui for medical attention but she was already dead and there were marks of bites on her body. After registration of crime, the inquest (Exh.15) was conducted which recorded, " - Black and bluish coloured (contusion) marks are visible on both the cheeks and an injury is visible on the left cheek. Similarly, both the lips are bitten. An injury measuring 2 Cms. X 3 Cms. X 1 Cms. is visible on the chin ". It also recorded that there were bite marks on the chest and stomach of the victim apart from signs of forcible sexual assault.