DATTATRAYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These appeals are against the final judgment and order dated 21/24/25-3-2014 of the High Court of Judicature at Bombay in Criminal Appeal No. 1202 of 2013/Criminal Confirmation Case No.6 of 2013 whereby the High Court has confirmed the conviction of the appellant under Sections 302, 376(2)(f), 377, 363, 364, 367 and 201 of the Indian Penal Code, as also under Sections 3, 4, 5(i) (l) and (m) of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO') and, inter alia, affirmed the sentence of death imposed on the appellant.

(2.) The facts giving rise to these appeals are abhorrent. The Complainant and his wife being the second Prosecution Witness (PW) resided at Room No.3 in the ground floor of Om Sai building, near the Shivsena Office in Koparigaon, with their son aged 10 years and two daughters aged 7 years and 5 years respectively.

(3.) It is the case of the complainant that he and his wife (PW 2), used to go to work, leaving the three children at home. On 22.1.2013, PW 2 had to go to her paternal home to visit her father. When PW 2 returned home around 2.00 p.m. she found that her youngest daughter, being the victim, was not at home. Assuming that the victim might be playing somewhere nearby, PW 2 left for work at around 2.15 p.m. At around 4.30 to 5.00 p.m. PW 2 received a call on her mobile phone from one Avaghade Mama, informing her that the victim was not at home. PW 2 thereafter returned home, and started searching for the victim. She contacted the complainant as also her own parents on mobile.