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2008 Supreme(SC) 915

ARIJIT PASAYAT, P.SATHASIVAM, M.K.SHARMA
MOHAN ANNA CHAVAN – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


DR. ARUIT PASAYAT, J.-

Death sentence awarded by learned Sessions Judge, Satara having been affirmed in appeal and in the reference made under Section 366 of the Code of Criminal Procedure, 1973 (in short "the Code") by a Division Bench of the Bombay High Court, this appeal has been filed. The appellant was convicted for offences punishable under Sections 363, 376,302 and 201 of the Penal Code, 1860 (in short "IPC").

2. Two young girls who had not even seen ten summers in life were the victims of the sexual assault and animal lust of the appellant-accused. They were not only raped but were murdered by the appellant-accused. This is not the first occasion when the appellant has been convicted for rape of minor girls. Earlier in Sessions Case No. 145 of 1990 (sic), the appellant was convicted by learned I1Ird Additional Sessions Judge, Thane by judgment dated 12-6-1989 for kidnapping a minor girl and committing rape on her. Strangely, in that case the trial court had sentenced him to imprisonment for two years on each count. Thereafter the accused was again convicted in Sessions Case No. 162 of 1989 for having raped a minor girl of less than nine years on 28-7-1989. He was convicted




































































































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