(1.) The Confirmation Case No.3 of 2014 arises out of the reference made by the learned Additional Sessions Judge, Mangaon, Raigad, in Sessions Case No.8 of 2013 for confirmation of death sentence awarded to Appellant/ accused Viran Gyanlal Rajput. By the Judgment and Order dated 25/06/2014 in Sessions Case No.8 of 2013, learned Additional Sessions Judge convicted the accused for the offence punishable under Section 302 of the Indian Penal Code (for short 'IPC') and sentenced him to capital punishment of death. By the very same Judgment and Order, accused was also convicted under Section 366 IPC, Sections 10 and 4 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act, 2012') and Section 201 of IPC, as follows :
(2.) As indicated above, in view of the sentence of death imposed on the accused, the learned Additional Sessions Judge made a reference to this Court for confirmation of death sentence. The accused being aggrieved by the said Judgment and Order, preferred Criminal Appeal No.760 of 2014. As the Confirmation Case and the Appeal are directed against the same Judgment and Order, both were heard and are being decided together.
(3.) The facts in the present case disclose a sordid story in which the alleged sexual assault followed by brutal and merciless murder by the dastardly act of the accused is said to have been committed. The most disgusting feature is that a school going girl of the tender age of 131/2 years fell a prey to the lust of the accused which sends shocking waves to anyone having slightest sense of human values and human dignity. The gruesome nature of the crime and the diabolical manner in which the act was executed, poses a question whether the author of such crime can ever be reformed and if death penalty is given in such a case, whether it would be justified irrespective of the fact whether it acts as deterrent or not.
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