- (1.)The Confirmation Case No. 01 of 2015 arises out of the reference by the learned Additional Sessions Judge, Yavatmal in Special Case (POCSO Act) No. 11 of 2013 for confirmation of the death sentence awarded to original accused.
(2.)The appellant/original accused has also preferred the Criminal Appeal No. 321 of 2015 challenging the judgment and order dated 14th August, 2015 thereby convicting the appellant for the offences punishable under Section 302 of the Indian Penal Code and sentencing to death, also convicting for the offence punishable under Section 376A of the Indian Penal Code and sentencing to death, convicting for the offence punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO) and sentencing to suffer Rigorous Imprisonment for life and to pay fine of Rs.2,000/, in default, to suffer further Rigorous Imprisonment for three months.
(3.)On perusal of the material placed on record, the prosecution case emerges as follows On the unfortunate day i.e. on 11th February, 2013, the victim who was a child of two years of age, was in the lap of her grandfather. The appellant (original accused) is the son of the cousin brother of the grandfather of the victim namely Pundlik. The accused approached the house of Pundlik at about 07:30 p.m. He told the grandfather that the father of the victim is back from his work and he has asked him (accused) to bring the victim. The grandfather of the victim was not inclined to allow the child to be taken by the accused on the ground that the father of the victim is yet to come from work. In spite of such resistance, the accused took away the victim with him. The father of the victim had been to attend some religious function in the temple namely Datta Mandir. On his return, when he found that the child was not in the house, he made an enquiry with the grandfather i.e. Pundlik about the child. Pundlik informed that the accused took away the child from his house. The father of the victim Maroti, grandfather Pundlik and one Shrawan Meshram proceeded for the search of the child in the village. They found the victim child was lying at a partially constructed building of Anganwadi. The accused was also lying on the spot. Maroti, Pundlik and Shrawan found that the victim had received severe injuries including bites on lips and cheeks and swelling on her private part. They immediately rushed to the private medical officer Dr. Jafar at Kurli by arranging an auto rickshaw. Dr. Jafar declared that the victim was brought dead. The victim was then brought back to village Zatala. In the meantime, an information was received in the Police Station and API Shri Vanjari along with his other staff members rushed to the village Zatala. He saw the dead body of the victim and took it to Sub District Hospital, Ghatanji. Maroti, father of the victim lodged a report at Police Station, Parwa and on his report, Crime No. 11/2013 was registered. As the investigating agency was set in motion, Shri Vanjari carried out necessary formalities of the investigation process, such as, effecting the arrest of the accused on the next day i.e. on 12th February, 2013, attending the spot of the incident and drawing the spot panchnama. The clothes worn by the child victim were seized from the spot along with the pieces of flesh and chappal of the accused as well earth from the spot. Accordingly, seizure panchnama was drawn. An inquest panchnama of the dead body was also drawn. The dead body was referred to postmortem and the notes of autopsy surgeon were collected. The apparels worn by the accused were also seized, the samples of blood of the victim were also collected and viscera and the other material were forwarded to the Chemical Analyzer. A request was also made to the Naib Tahsildar to prepare the map of the spot. The Investigating Officer also recorded the statements of the witnesses.