V.K.TAHILRAMANI, J. - (1.) THE Confirmation Case No. 8 of 2013 arises out of the Reference made by the learned Additional Sessions Judge, Dindoshi in Sessions Case No. 87 of 2012 for confirmation of the death sentence awarded to the accused Babsaheb Maruti Kamble. By judgment and order dated 27.9.2013 in Sessions Case No. 87 of 2012, the learned Sessions Judge convicted the accused for the offence punishable under Section 302 of IPC and sentenced him to capital punishment of death. By the very same judgment and order, the learned Sessions Judge also convicted the accused under Sections 376(2)(f) and 342 of IPC. For the offence under Section 376(2)(f) of IPC, the accused was sentenced to life imprisonment and for the offence under Section 342 of IPC, the accused was sentenced to suffer simple imprisonment for two months. As the sentence of death was imposed on the accused, the learned Sessions Judge made a reference to this Court for confirmation of death sentence. The accused being aggrieved by the very same judgment and order, preferred Criminal Appeal No. 80 of 2014 and as both the Confirmation Case and the Appeal are directed against the very same judgment and order, both these matters were heard and decided together.
(2.) THE prosecution case, briefly stated, is as under: - (i) The victim girl was the daughter of PW -1 Sharda. Sharda was residing at Teen -dongri, Kranti Nagar, Goregaon (W), Mumbai along with her husband and children including the victim girl. The victim girl was about 7 years old at the time of the incident. The appellant was residing in Room No. 149 which is adjacent to the house of Sharda, hence, he was known to Sharda and her family. The appellant was residing alone in his house. (ii) The incident occurred on 28.10.2011. On that day, it was festival of "Bhaubij". Sharda was giving food to her children. At that time, the accused called the victim girl i.e. the younger daughter of Sharda and asked her to bring chili and coriander. He insisted that he wanted to have his food and therefore, he required chili and coriander. Hence, Sharda sent her daughter i.e. victim girl with him. As her daughter did not return home for about 30 to 40 minutes therefore, Sharda went to the house of the accused in search of her daughter. She saw that the accused was standing in the door -way and he was obstructing her way. Sharda enquired with the accused about her daughter and asked him where he had sent her daughter. The accused replied that he had not sent her daughter anywhere and he was not aware of whereabouts of her daughter. Thereafter, Sharda and her elder daughter Sneha went in search of the victim girl in the vicinity of Kranti Nagar but they could not find her till 6.00 p.m. Sharda then called her husband who was working in a Sweet -shop at Dombivli as a labourer and informed him that the accused had called their daughter and thereafter their daughter had not returned home. Her husband asked Sharda to go again to the house of the accused and search for their daughter in his house. Thereafter, Sharda along with her daughter Sneha again went to the house of the accused. When they went to the house of the accused, they saw a pair of slippers near the door in the house of the accused. Sharda identified the said slippers as that of her daughter i.e. the victim girl. Sharda then bent down to see. At that time, she saw small hand of her daughter underneath the bed and only fingers could be seen by her. She found her daughter was underneath the bed. She pulled her daughter and saw that she was in naked condition. There were injuries on her person. Her eyes and face were blackened. Blood was oozing out from her private part. Sharda and her daughter shouted for help. Other residents gathered there. Neighbouring persons like Monika Kamble, Rohini, Rashmi etc. gathered there. People who gathered there, assaulted the accused and caught him. Sharda with the help of neighbours, took her daughter i.e. victim girl to Siddharth Hospital. In the hospital, the Medical Officer examined the victim girl and declared her dead. Goregaon Police Station was informed about the said incident through police control room that one small girl was raped and the accused was caught by the residents. PW -22 Police Inspector Kasbe informed his superiors and on making entry in the station diary, he proceeded towards the spot i.e. Room No. 149 at Kranti Nagar, Goregaon (W). When Police Inspector Kasbe reached the spot, he found the victim girl was already taken to Siddharth Hospital. Hence, he proceeded to Siddharth Hospital. He made enquiry with the complainant Sharda. Sharda narrated the incident to him. Police Inspector Kasbe recorded statement of Sharda in the hospital and on telephone informed the police station to register an offence against the accused. The said F.I.R. was registered. Thereafter, investigation commenced. Dead body of victim girl was referred to Cooper Hospital for post -mortem examination. PW -12 Dr. Gajare performed the post -mortem on the dead body of the victim girl. Dr. Gajare found that the deceased victim girl was forcibly subjected to sexual intercourse and cause of death was "head injury with compression of neck". After completion of investigation, the charge sheet came to be filed.
(3.) CHARGE came to be framed against the accused under Sections 302, 376(2)(f) and 342 of IPC. The accused pleaded not guilty to the said charge and claimed to be tried. His defence is that of total denial and false implication. His further defence is that someone else raped and murdered the victim girl and placed her body under his bed. After going through the evidence adduced in this case, the learned Sessions Judge convicted and sentenced the accused as stated in paragraph 1 above. We have heard the learned Advocate for the accused and the learned A.P.P. for the State. After giving our anxious consideration to the facts and circumstances of the case, arguments advanced by the learned Advocates for both sides, the judgment and order delivered by the learned Sessions Judge and the evidence on record, for the reasons stated below, we are of the opinion that the prosecution has proved its case beyond reasonable doubt and the appellant has committed offence punishable under Sections 302, 376(2)(f) and 342 of IPC.;