VIRAN GYANLAL RAJPUT Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted in SLP (Crl.) Nos. 541617/2015.

(2.) The instant appeals have been filed against the final common judgment and order dated 16.02.2015 of the High Court of Bombay in Confirmation Case No. 3 of 2014 with Criminal Appeal No. 760 of 2014 whereby the learned High Court confirmed the death sentence awarded to the appellant herein.

(3.) The case for the prosecution in brief is that on 17.10.2012, when the victim did not return home from school at the usual time in the evening, a search was undertaken. The next day, some of her belongings were found in the jungle area adjoining the village. A complaint (Exh. 14) regarding missing of the girl was lodged around 8.30 a.m. by PW3, Samir Parab, the victim's cousin. In the meantime, PW4, Vijay Parab, the victim's uncle, who had seen the victim being followed the last evening on the way back from school by an unknown person wearing a red T shirt, and PW5 Abhijit Chavan (a resident of the neighbouring Toranpada village), who had later seen the same person running towards Toranpada village, went to the adjoining settlement of Paradhis (a nomadic community) along with some other villagers, suspecting him to be there. The person, none other than the appellant herein, was apprehended by the villagers and was being brought to Avandhe village (a neighbouring area). At that time, they were accosted by the police who were proceeding to undertake investigation with respect to the missing person's complaint. The police thereupon took custody of the appellant. Around this time, the first information pertaining to the offence of murder was given to the police by PW3. The dead body of the victim was recovered in a naked condition, at the instance of the appellant, from a field near Kamthekarwadi village (the village where the victim resided) and subsequently her clothes were recovered at his instance as well. As per the post mortem report (Exh. 35) and the evidence of the doctor who conducted it (PW13), the probable cause of death was opined as asphyxia with cardiorespiratory arrest due to strangulation. It was also found that the deceased had been forcibly subjected to sexual intercourse.