STATE OF MAHARASHTRA Vs. CHANDRASHEKHAR @ SHEKHAR JAVAHIR GUPTA

JUDGEMENT

(1.) By the judgment and order dated 16/05/2013 passed in Sessions Case No. 159 of 2010, the learned Ad-hoc Additional Sessions Judge-3, Thane convicted the appellant/accused for committing offence punishable u/s. 376(2)(f) and 302 of I.P.C. For committing offence u/s. 376(2)(f) of I.P.C. the appellant is sentenced to suffer imprisonment for life and to pay fine of Rs. 5,000/- and in default to suffer Rigorous Imprisonment for six months. For committing offence u/s. 302 of I.P.C. the appellant is awarded with capital punishment. As sentence of death was imposed on the accused, the learned Additional Session Judge has made reference to this Court for confirmation of death sentence which is registered as Confirmation Case No. 5 of 2013. The appellant-original accused being aggrieved by the very same judgment and order of conviction, preferred appeal which is registered as Criminal Appeal No. 1286 of 2013. As the confirmation case and the appeal are directed against same judgment and order, we have heard both the cases together and have taken them up for disposal by a common judgment and order. In brief, the facts of the prosecution case are as under:

(2.) On completion of investigation, the charge sheet was prepared and filed in the court of Judicial Magistrate First Class, Court No. 2, Thane. Since the offence u/s. 376(1)and 302 of IPC being exclusively triable by Court of Sessions, the case was committed to Court of Sessions, Thane. On committal of case, it was assigned to the file of Ad-hoc District Judge-3 and Additional Session Judge, Thane. On 18/02/2012, the learned Ad-hoc Additional Session Judge framed charges against the appellant. The accused was charged for committing offences punishable under sections 376 and 302 of IPC. The accused pleaded not guilty to the said charges and claimed to be tried.

(3.) In order to prove it's case, the prosecution has examined seventeen witnesses. The appellant has not examined arty witness in support of his defence. From the cross-examination of the prosecution witnesses and statement recorded under section 313 of Cr.P.C., the defence of accused appears to be of total denial and false implication. On conclusion of trial, the learned Additional Session Judge, found the accused guilty of offence u/s. 376(2)(f) and 302 of IPC and sentenced him to undergo imprisonment for life and pay fine of Rs. 5,000/- and in default, to undergo further R.I. for six months and for offence u/s. 302 of IPC awarded death sentence subject to confirmation by this Court.