STATE OF MAHARASHTRA Vs. SANTOSH VISHNU LONKAR

JUDGEMENT

(1.) Criminal Appeal No.678/2017 is filed by accused No.1 and the other appeal is filed by accused Nos.2 and 3 from Sessions Case No.340/2014 which was pending before the learned Judge of Special Court created under the provisions of Protection of Children from Sexual Offences Act, 2012. The Confirmation Case is referred by the trial court for confirmation of death sentence. All the three accused are convicted by the trial court for offences punishable under sections 302 read with section 34 and 376-A read with section 34 of the Indian Penal Code and for each of these offences death penalty is given to all the three accused. They are also convicted and sentenced for the offence punishable under section 120-B of the Indian Penal Code and for that each of them is sentenced to suffer imprisonment for life. They are convicted for offence punishable under section 376-D read with section 34 of the Indian Penal Code and for that also each of them is sentenced to suffer imprisonment for life and to pay fine of Rs.50,000/- each. They are sentenced to suffer imprisonment for life for offence punishable under section 376(1)(2)(m) read with section 34 of the Indian Penal Code. They are convicted for offence under section 3 punishable under section 4 and under section 5 punishable under section 6 of the Protection of Children from Sexual Offences Act, 2012 but no separate sentence is given for these offences. Heard both the sides.

(2.) The facts leading to the institution of the appeals and the reference for confirmation can be stated as follows:-

(3.) The victim girl was aged about 16 years and she was studying in 10th standard in a school from village Alkuti. She was resident of a Vasti from village Hamumanwadi, Taluka Parner, District Ahmednagar. From Hanumanwadi she was required to walk upto village Loni -Mawala which is situated at a distance of about one to one & half kilometers and from there she was required to go to village Alkuti by state transport bus. At the relevant time, unit tests of the school were going on.