STATE OF MAHARASHTRA Vs. SURYAKANT DATTATRAYA BHABAL

JUDGEMENT

(1.) THE appellant in the above appeal along with his wife-original Accused No.2 were prosecuted in Sessions Case No.695 of 1993 for offences under Section 376 and under Section 302 read with Section 34 of lPC. The learned Additional Sessions Judge, Greater Bombay who tried the above Sessions Case had convicted the appellant, original accused No.1 for offence of rape under section 376 of lPC committed on a girl by name Soni, the daughter of PW1, hardly 11 years of age and sentenced him to undergo RI for 10 years. The said accused was also convicted under Section 302 of IPC for the murder of the said girl after committing rape on her and was sentenced to death by her Judgment and order dated 3rd September 1997. The said sentence of death has been submitted to this court for the purpose of confirmation as per the provisions of section 366 of Cr.P.C. The accused No.2, wife of accused No.1 was convicted under Section 302 of IPC and sentenced to undergo life imprisonment and to pay a fine of Rs.500/- in default to undergo RI for 10 days. The accused No.2 has not filed appeal against the order of her conviction and sentence. However, the accused No.1 who was sentenced to capital punishment has filed the appeal challenging the order of conviction as well as the sentence recorded against him by the trial Court. Accordingly both the confirmation case as well as appeal preferred by the original accused No.1 (hereinafter called 'the accused') have been heard by us together and are being disposed of by a common Judgment.

(2.) THE facts leading to the aforesaid conviction and sentence of the accused are as follows:

(3.) THE investigation was taken over thereafter by DCB CID on 14-4-93 and the statements of other witnesses came to be recorded. On 26-5-93, the accused No.1 was again interrogated and he volunteered to produce the cassettes of blue film and magazine which were recovered at his instance from his house and produced as Articles 25 and 26 which were attached under the panchanama. The clothes of the deceased and the accused were sent to the Chemical Analyser. The reports of the chemical analyser are Exhibits 26 to 30. After completion of the investigation the charge-sheet came to be submitted on 16-6-93 in the Metropolitan Magistrate's 19th Court at Esplanade, Bombay and thereafter the case was committed to Sessions Court on 19-7-93.