MOHAN ANNA CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Death sentence awarded by learned Sessions Judge, Satara having been affirmed in appeal and in the reference made under Section 366 of the Code of Criminal Procedure, 1973 (in short the 'Code') by a Division Bench of the Bombay High Court this appeal has been filed. Appellant was convicted for offences punishable under Sections 363, 376, 302 and 201 of the Indian Penal Code, 1860 (in short the 'IPC').

(2.) Two young girls who had not even seen ten summers in life were the victims of the sexual assault and animal lust of the accused appellant. They were not only raped but were murdered by the accused appellant. This is not the first occasion when the appellant has been convicted for rape of minor girls. Earlier in Sessions Case No.145 of 1990, the appellant was convicted by Learned IIIrd Additional Sessions Judge, Thane by judgment dated 12th June, 1989 for kidnapping a minor girl and committing rape on her. Strangely in that case the trial court had sentenced him to imprisonment for two years in each count. Thereafter accused was again convicted in Sessions Case No.162 of 1989 for having raped a minor girl of less than nine years on 28.7.1989. He was convicted by learned IIIrd Additional Sessions Judge, Satara and sentenced to ten years rigorous imprisonment. He was released after completion of said sentence and thereafter continued his degraded acts. Two girls; one was aged about five years and the other about ten years were raped which formed the subject matter of consideration in this appeal.

(3.) Prosecution version as unfolded during trial is as follows: