RAMKIRAT MUNILAL GOUD Vs. STATE OF MAHARASHTRA ETC.

JUDGEMENT

(1.) Heard.

(2.) The instant case is yet another classic example of shabby and perfunctory investigation leading to failure of the prosecution case involving a gruesome incident of rape and murder of the budding life of a tender young girl [Hereinafter, referred to as 'child' or 'child victim'] aged about 3 years and 9 months.

(3.) Despite the shabby investigation, the overzealous approach of the Courts below, to impart justice, in a sense that someone must be held responsible for the crime, has led to the conviction of the appellant herein [Hereinafter, referred to as 'accused appellant'], who was a young man aged about 25 years at the time of the incident and has remained incarcerated for more than 12 years with the Damocles sword of impending death penalty hanging over his head for more than 6 years.