STATE OF MAHARASHTRA Vs. RAJENDRA PRALHADRAO WASNIK

JUDGEMENT

(1.) THIS judgment disposes of Confirmation Case No. 3 of 2008 as also Criminal Appeal No. 700 of 2008 arising out of the judgment of the learned Additional sessions Judge, Amravati, in Sessions Case no. 183 of 2007 before him, whereby the learned judge convicted accused Rajendra Pralhadrao wasnik of offences punishable under Sections 376 (2) (f), 377 and 302 of the Penal Code. The learned Additional Sessions Judge sentenced the appellant to death for offence punishable under section 302 of the Penal Code, to life imprisonment and fine of Rs. 1,000/- for offence punishable under Section 376 (2) (f), and to rigorous imprisonment for ten years and fine of Rs. 1,000/- for offence punishable under section 377 of the Penal Code.

(2.) FACTS, which led to prosecution of the appellant are as under: the appellant is a cousin of complainant pw 12 Mahendra Namdeorao Wasnik, resident of Village Asara. Mahendra and his wife PW 2 kanta had a daughter by name Vandana, who was three years old at the time of incident on 2-3-2007. The appellant visited the house of mahendra and Kanta in order to meet mahendra's father Namdeorao, who was ailing. After having a cup of tea, the appellant left and returned again at about 6 p. m. He took Vandana towards S. T. Stand saying that he would purchase biscuits for her. Neither the appellant nor Vandana returned home. Mahendra was not at home and upon his return at about 8 p. m. , kanta informed him that a visitor, whose name she did not know, had taken daughter Vandana and had not returned. Vandana's enquiries led to ascertainment of identity of the visitor as appellant Rajendra.

(3.) THE villagers helped in search of vandana as well as the appellant and even allegedly visited the appellant's village. Next morning, dead body of Vandana was noticed by people in the field of one Pramod Vitthalrao mohod. On a report by Mahendra, an offence was registered on 3-3-2007 and investigation commenced.