THE STATE OF MAHARASHTRA Vs. VITTHAL TUKARAM ATUGADE

JUDGEMENT

(1.) The Confirmation No.1 of 2015 arises out of the Reference made by the learned District Judge -1 and Additional Sessions Judge, Islampur, District -Sangli for confirmation of the death sentence awarded to the accused Vitthal Tukaram Atugade (hereinafter referred to as 'accused') by its judgment and order dated 18th April 2015 passed in Sessions Case No.4 of 2014. The learned Additional Sessions Judge, Islampur convicted the accused for the offence punishable under Section 302 of the Indian Penal Code and sentenced him to suffer death sentence and to pay fine of Rs.2000/ - and in default of payment of fine to further undergo simple imprisonment for one month. It is directed that the accused be hanged by neck till he is dead subject to confirmation of death sentence by the High Court under Section 368 of Cr. P.C. By the aforesaid judgment and order, the accused is also convicted for the offence punishable under Section 376(2)(f) of the Indian Penal Code and is sentenced to suffer life imprisonment and to pay fine of Rs.2000/ -. In default of payment of fine, to further undergo simple imprisonment for one month. The accused is further convicted for the offence punishable under Section 363 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs.1000. In default of payment of fine, to further undergo simple imprisonment for 15 days. The accused is convicted under Section 366 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for two years and to pay fine of Rs.1000/ -. In default of payment of fine, to further undergo simple imprisonment for 15 days. The accused is also convicted for the offence punishable under section 201 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs.1000. In default of payment of fine to undergo simple imprisonment for 15 days. The accused is further convicted for the offence punishable under Section 4 of the Protection of Children From Sexual Offences Act and is sentenced to undergo rigorous imprisonment for 7 years and to pay fine of Rs.1000/ -. In default of the fine, to undergo simple imprisonment for 15 days.

(2.) The accused is also convicted for the offence punishable under Section 6 of the Protection of Children From Sexual Offences Act and is sentenced to suffer rigorous imprisonment for 10 years and to pay fine of Rs.1000/ -. In default of payment of fine to undergo simple imprisonment for 15 days. The Trial Court has granted set off for pre -conviction detention period undergone by the accused since the date of his arrest i.e. for, 7.11.2013 till the date of passing of the order. As the sentence of death penalty is given to the accused, the learned Additional Sessions Judge, Islampur has made Reference as contemplated under Section 366 of the Code of Criminal Procedure to this Court for confirmation of the death sentence. The accused being aggrieved by the same judgment and order dated 18th April 2015 passed in Sessions Case No.4 of 2015 has preferred Criminal Appeal No.923 of 2015. As both the confirmation and the appeal against confirmation are directed against the very same judgment and order dated 18th April 2015, both these matters are heard and decided together by the present judgment and order.

(3.) The prosecution case as has been enumerated from the record can briefly be stated as under: