STATE OF MAHARASHTRA Vs. RAJU JAGDISH PASWAN

JUDGEMENT

(1.) On 21/6/2010, the victim, daughter of PW 10 -- Hanmant, left her home at about 10 a.m. in order to attend her school. She was wearing the school uniform and was carrying her school bag, which contained a memento as well as a box of sweet, commonly known as "Pedhas", for distribution to her friends. Before going to school, she was playing with PW 4--Akash and other children near the Marguaai Temple. The prosecution has alleged that the accused suddenly came there and took the victim along with him towards a stream. The prosecution further alleged that on the next day the dead body of the victim was found at the behest of the accused. The medical evidence indicated that the victim had died because of drowning and before her death she had been subjected to forcible sexual intercourse as well as unnatural intercourse. The Additional Sessions Judge, Sangli, by judgment dated 6/11/2012 in Sessions Case No. 193 of 2010 held the accused guilty for offences punishable under Sections 302, 376(2)(f) of the Indian Penal Code and Section 201 of the Indian Penal Code and sentenced the accused to death, to be hanged by the neck till he is dead and to pay fine of Rs. 500/-, in default to undergo RI for three months, imprisonment for life and to pay fine of Rs. 2000/-, default to undergo RI for six months and RI for seven years and to pay fine of Rs. 500/- in default to undergo further RI for three months. In accordance with the provisions of Section 366 of the Code of Criminal Procedure, the trial Judge has made a reference to this court for confirmation of the death sentence awarded to the accused. The accused has also preferred Criminal Appeal No. 102 of 2013, which is also decided along with this Confirmation Case. Facts, in brief, as are necessary for the decision of the Confirmation Case and the Criminal Appeal may briefly be stated thus:-

(2.) Before we advert to the submissions advanced before us by Mr. Niteen Pradhan, learned counsel appointed for the accused and the Public Prosecutor, Mrs. Revati Mohite-Dere, we must place on record our appreciation for the efforts of the learned counsels and the succinct arguments advanced before us, which have enabled us to complete the hearing of the Confirmation Case as well as the appeal filed by the accused.

(3.) However, in order to effectively deal with the submissions advanced before us by the learned counsel for the parties, it would be useful to refer to the evidence of the prosecution witnesses.