(1.) In Sessions Case No. 28 of 2013 the learned Additional Sessions Judge Shrirampur has awarded death sentence to the accused therein, the proceedings in the said case, have been therefore forwarded to this Court for confirmation under section 366 of the Criminal Procedure Code. The accused has also preferred an appeal, which was admitted by this Court and same is registered as Criminal Appeal No. 55 of 2014. As both the matters are arising out of one judgment, the arguments in both the matters are simultaneously heard and we find it expedient to decide both the matters by common reasoning. However, since the very conviction has been challenged by the convict, the only proper course would be to first decide the Criminal Appeal so filed by the accused, for the reason that, only if the order of conviction is maintained by this Court, the further question will arise whether or not the death sentence awarded by the trial Court is sustainable and is to be confirmed or otherwise.
(2.) Heard the learned Additional Public Prosecutor for the State and the learned counsel appearing for the accused - Anil Jagannath Pawar.
(3.) Since our judgment will be in public domain, instead of referring deceased girl by name, we prefer to refer her as 'victim'.
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