VASANTA SAMPAT DUPARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These Review Petitions are directed against the Judgment and Order dated 26.11.2014 passed by this Court in Criminal Appeal Nos.2486-87 of 2014 affirming conviction of the petitioner for the offences punishable under Sections 302, 363, 367, 376(2)(f) and 201 Penal Code and various sentences imposed upon the petitioner including death sentence under Sec. 302 Penal Code and life imprisonment under Sec. 376(2)(f) IPC. In view of the decision of this Court in Mohd. Arif @ Ashfaq Vs. Registrar, Supreme Court of India and others., (2014) 9 SCC 737, these review petitions were listed in Court for oral hearing.

(2.) The facts leading to the filing of criminal appeals in this Court including the nature and quality of evidence on record have been dealt with and considered in the Judgment of this Court dated 26.11.2014<SUP>[2*]</SUP>. The charge against the petitioner was that the victim, a minor girl of four years was raped and battered to death by the petitioner. The petitioner allegedly lured the victim by giving her chocolates, kidnapped her and after satisfying his lust caused crushing injuries to her with the help of stones weighing about 8.5 kg and 7.5 kg. The prosecution relied upon the evidence of PW2 Manisha, PW3 Minal, PW5 Vandana and PW6 Baby Sharma who had seen the petitioner taking away the victim on a bicycle on the fateful day. In his disclosure statement under Sec. 27 of the Evidence Act the petitioner had shown the place where dead body of the victim was lying and the tap where he had washed his blood stained clothes. The medical evidence on record was dealt with in paragraph 14 of the Judgment under review as under :-

(3.) After taking into account the evidence and the circumstances on record, this Court in the Judgment under review concluded as under:-