STATE OF MAHARASHTRA Vs. ATUL RAMA LOTE

JUDGEMENT

(1.) The Court of District Judge-08 and Special Judge (POCSO), Thane in Special Case No.107/2014, vide judgment delivered on 28/9/2016 convicted accused under sections 363, 376 (2)(f), 302 and 201 of IPC and under section 3 (a) punishable under section 4 and 5 (i) and Section 5(m) punishable under section 6 of the POCSO Act i.e. Protection of Children from Sexual Offences Act, 2012 sentencing him to death for offence punishable under section 302 of IPC. He has been sentenced to suffer RI for life and fine of Rs.3,000/- Fine is to be withdrawn by the complainant. He has not been separately punished for offences punishable under sections 363 and 201 of IPC.

(2.) The case of prosecution is accused Atul was residing in vicinity of residence of deceased victim and her parents. Father of deceased was in business of preparing Bhujing (roasted chicken) on his handcart. Accused used to visit that handcart to eat Bhujing. Parents of deceased resided at Soyal Dayle chawl in Kudus Wada, while accused resided at Chinchghar pada. On 24/2/2014, as usual father of deceased was arranging his hand cart at 5.30 p.m. for doing business. At that time, accused came there. Accused inquired from said father viz.,Siraj Ali Taj Ali Shah as to why bhujjing was not prepared. Siraj Ali informed accused that he forgot to bring coal. Atul volunteered to fetch coal from house of Siraj Ali. Accordingly, after some time Atul brought the coal, gave it to Siraj Ali and left on bicycle. At about 8.30 p.m. when Siraj Ali went to his house, his wife Kamrunisa informed him that his daughter (victim) aged about 7 years was not traceable since 6.00 p.m. Siraj Ali started making inquiries, Imran, son of his neighbour, then aged about 6 years told him that accused Atul had come at 6.00 p.m. and victim left with him on his bicycle. Atul told her that he would purchase 'khau' for her. Siraj Ali inquired with others and they informed him that 'Shendiwala' Atul Lote took victim on his bicycle. He searched for his daughter but could not locate them. He therefore felt that Atul might have kidnapped his daughter with some wrong intention for immoral purpose. He therefore lodged missing complaint Exhibit 15 on the basis of which FIR Exhibit 16 was registered.

(3.) On 25/2/2014 between 7.00 a.m. to 8.00 a.m. police called him to Poultry Farm House of Sanjay Bhoir at Chinchpada. The accused was present there and there showed dead body of victim which was behind said poultry farm. According to prosecution accused kidnapped minor victim, raped her and thereafter murdered her.