SAMBHUBHAI RAISANGBHAI PADHIYAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave granted.

(2.) Wednesday, 13/4/2016 dawned normally for the family of Pravingiri Gosai (PW-9), a farmer, who also alternated as the temple priest at Piludara village under the Vedaj Police Station, Bharuch District in the State of Gujarat. However, by dusk the situation had turned macabre for them, when their four-year old child was found murdered in the village outskirts.

(3.) The appellant herein stood trial for the offences of kidnapping, sexual assault and murder of the said child and was convicted and sentenced to death by the Trial Court. The High Court of Gujarat at Ahmedabad, by the judgment dtd. 3/4/2019 in R/Criminal Confirmation Case No. 2 of 2018 with R/Criminal Appeal No. 1207 of 2018, confirmed the conviction and sentence of death imposed on him for the offences punishable under Ss. 302, 364, and 377 of the Indian Penal Code (for short 'IPC') and Ss. 4 and 6 of the Protection of Children from Sexual offences Act, 2012 (for short 'POCSO Act'). The appellant is before us in appeal by way of special leave.