STATE OF MAHARASHTRA Vs. RAMKIRAT MUNILAL GOUD

JUDGEMENT

(1.) "A bud of rose was crushed before it bloomed, a kite was torn when about to fly, the budding flower was crushed to ashes and the kite took the soul away. "

(2.) The State is seeking confirmation of the death sentence passed by District Judge-7 and Special Judge under POCSO Act, Thane in Special Case (Child Protection) No138/2013 vide Judgment and Order dated 8/3/2019. Criminal Appeal No. 661 of 2019 is an appeal filed by a convict who is directed to be hang by the neck till he is dead for having committed offences punishable under section 302, 363, 376 (2) (i), 201 of the Indian Penal Code and section 4 and 8 of Protection of Children from Sexual Offences Act, 2012 by District Judge-7 and Special Judge under POCSO Act, Thane in Special Case (Child Protection) No138/2013. The operative order reads thus :

(3.) The facts of the case in a nutshell are thatOn 30/09/2013 Miss Y, a little three year and nine months old girl ventured out of her house to play with her dog. She did not return home. Her father searched for his daughter in the neighbourhood. He saw his dog tied in the watchman chawl. He lodged a missing report, and the investigation was set into motion. On 2/10/2013 at about 2 p.m., the police called upon PW. 1 to identify the dead body of a child lying in a mud pond. On 3rd October accused was arrested. The autopsy on the dead body of the child showed that she had been brutally sexually abused before she was put to death. The cause of death was "death due to head injury with extensive genital injuries. " The accused was charge-sheeted for offence punishable under section 302, 363, 376 (2) (i), 201 of the Indian Penal Code and section 4 and 8 of Protection of Children from Sexual Offences Act, 2012.