STATE OF MAHARASHTRA Vs. SAGAR VISHWANATH BORKAR

JUDGEMENT

(1.) A trial was conducted in the Court of learned Special Judge, Buldhana as Special (POCSO) Case No. 27 of 2019 against two accused persons namely- (1) Sagar Vishwanath Borkar ; and (2) Nikhil Shivaji Golait. They were charged for the offence punishable under Sections 363, 366-A, 376(2)(j), 376(2)(m), 376(DB), 506 read with Section 34 of the Indian Penal Code (IPC). They were also charged for the offence punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "the POCSO Act " for the sake of brevity) and under Sections 3(1)(w)(i), 3(1)(w)(ii) and 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the Atrocities Act " for the sake of brevity.

(2.) For their conviction under Section 363 read with Section 34 of IPC, both the accused persons were directed to suffer rigorous imprisonment for a period of seven years and to pay a fine of Rs.10,000/- by each of them with default clause of sufferance of simple imprisonment for four months.

(3.) Since, both the accused persons, who were tried by the learned Special Judge, Buldhana, were sentenced to death, the learned Special Judge made a reference to this Court for confirmation of death sentence and the entire record and proceedings were sent to this Court. The reference made by the learned Special Judge is registered as Criminal Confirmation Case No. 01 of 2020.