THE STATE OF MAHARASHTRA Vs. RAVI

JUDGEMENT

(1.) Confirmation Case No. 1 of 2015 arises out of the Reference made by the learned Additional Sessions Judge, Jalna in Sessions Case No. 127 of 2012 for confirmation of death sentence awarded to appellant/accused Ravi s/o Ashok Ghumare. By the judgment and order dated 16.9.2015 the 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 for the offences punishable under Sections 363, 376 and 377 of the Indian Penal Code and sentenced as under - <p><table class = tablestyle width="90%" border="0" cellspacing="2" cellpadding="2" align="center" style="font-family:Verdana"> <tr> <td align="center" valign="middle"><strong>Conviction under Section </strong></td> <td align="center" valign="middle"><strong>Sentence</strong></td> </tr> <tr> <td align="center" valign="middle">363</td> <td align="center" valign="middle"><div align="justify">Rigorous Imprisonment for one year and fine of Rs.500 i/d Rigorous Imprisonment for 3 months </div></td> </tr> <tr> <td align="center" valign="middle">376</td> <td align="center" valign="middle"><div align="justify">Imprisonment for life and fine of Rs.500 i/d Rigorous Imprisonment for 6 months</div></td> </tr> <tr> <td align="center" valign="middle">377</td> <td align="center" valign="middle"><div align="justify">Rigorous Imprisonment for 10 years and fine of Rs. 500 i/d Rigorous Imprisonment for 6 months</div></td> </tr> </table>

(2.) Accused being aggrieved by the said judgment and order preferred Criminal Appeal No. 783 of 2015. 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 unfold an inhuman act of aggression and an intrusion into the privacy of a two year old innocent child in the utter disregard of her right to be respected, protected and cared as well as of the freedom of life. When a child is born thought of creative intelligence comes into action. When a child sees the mother earth it is a grace to the human race but unfortunately in the case on hand life span of a girl child was guillotined before it could blossom because of unimaginable carnal desire of the Accused. The gruesome nature of the crime and the diabolical manner in which it is 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.