VIJAY BABASAHEB NANAVARE Vs. STATE OF MAHARASHTRA, (THROUGH INSPECTOR OF POLICE, SATPUR P S TALUKA AND DISTRICT NASHIK)

JUDGEMENT

(1.) This present appeal, preferred by the original accused (referred as "appellant"), arises out of a judgment dated 15/10/2010 passed by the learned Additional Sessions Judge2 Nashik in Sessions Case No. 88 of 2006, whereby the appellant is convicted and sentenced for kidnapping minor girl, aged about ten years, with intent to commit rape on her and for murdering said girl and thereby committing offences punishable under sections 366A, 376(2) (f), 302 of the Indian Penal Code. On conviction under Section 302 of IPC, the appellant is sentenced to suffer imprisonment for life and to pay a fine of Rs. 1000/. For conviction of offences under Section 366A and 376 (2) of IPC, the appellant is sentenced to suffer RI for ten years and to pay fine of Rs. 1000/on each count. In default to pay fine imposed against the appellant as aforesaid, he is directed to suffer Simple Imprisonment (SI) for three months. All the sentences have been directed to be run concurrently.

(2.) The case of prosecution in nutshell is reproduced below: On 23/2/2006 a dead body of one girl of tender age was found lying in the field of one Shri. Darade. At that time, one Shri Sanjay Nikam visited the spot and identified the dead body as of his daughter namely Swapna @ Rinku. It is the case of prosecution that a missing complaint was filed by one Sanjay Nikam on 22/2/2006. Sanjay Gangadhar Nikam who is examined as PW 17 residing at Shivpuri Chowk, Nashik stated that he has two daughters namely Sonal and Rinku. According to the prosecution, the unfortunate incident took place on 22/2/2006 when that day, at 8:30 p. m. PW. No. 17 had gone to see Ramlila along with deceased Rinku. At that time, daughter Rinku said to him that she would bring her younger sister Sonal there and she left the place. At 11:00 p. m. PW No. 17 Sanjay Nikam went to his house and he found that Rinku had not returned home and therefore he took search of Rinku till about 12:30 a. m. or 1:00 a. m. and thereafter he went to police station, Satpur and lodged missing report. He also handed over photograph of Rinku to the police.

(3.) During the course of investigation of Cr. No. 111/2006, it was transpired that on 22/2/2006 the accused had kidnapped deceased Swapna @ Rinku, committed rape on her and thereafter put her to death. Statement of accused was recorded under Section 27 of the Evidence Act. During investigation, the accused revealed the spot where he committed rape and murdered the victim girl. During the course of investigation, blue colour bicycle used by the accused during the course of commission of crime, pants, shirt, a pair of chappal and underpant were recovered from the accused. On 27/3/2006 Ramesh Patil sent all papers and muddemal to Satpur Police Station. The accused was sent for medical examination to Medical Officer, District Hospital, Nashik on 28/3/2006. The samples of semen, blood, nail and pubic hair of the accused were obtained and were sent to Forensic Science Laboratory with his clothes and plastic covers inserted on both the sides of handle of bicycle on which mud was found.