JUDGEMENT
THOMAS,J. -
(1.)A gory episode is narrated in this case the gravamen of which is a grisly perpetrated rape and murder of a four year old female child. The rapist had abducted the child from her house and decoyed her to a field at Arvi (in Wardha district of Maharashtra State). After the rape and murder the mangled body of the child was dumped in the field where pulses and cotton were cultivated. The man whom the police challned as a culprit was convicted and condemned to death penalty by the Sessions Court but he now stands exonerated as a Division Bench of the High Court of Bombay proclaimed him not guilty. The State of Maharashtra is not prepared to reconcile with the clean chit granted to him by the High Court and hence this appeal by special leave has been filed by the State.
(2.)Sneha is the name of the little child who was subjected to the beastly sexual ravishment. She was endearingly called Gangu by her kith and kin. She had a brother younger to her and the children were living in the family house which is presumbly a joint family house. The life of Gangu was snuffed off on 22-12-1995.
(3.)As per the prosecution version the accused (who is respondent in this appeal) was already an accused in another case facing an allegation that he committed rape and murder of one eight year old female child by name Ujawala. While he was in jail in connection with that case he came into acquaintance with a prisoner (P.W. 6 Sanjay) who is the brother of Gangu's father (P.W. 5 Rameshwar). Both of them were later released from prison. (We are told that respondent was acquitted in that case).
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