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2019 Supreme(SC) 1202

N.V.RAMANA, DEEPAK GUPTA, INDIRA BANERJEE
Dattatraya @ Datta Ambo Rokade – Appellant
Versus
State of Maharashtra – Respondent


For the Appellant(s) :Gaurav Aggarwal, Anshu Raj Singh, Himanshu Agarwal, Pyoli, Advocates
For the Respondent(s):Nishant Ramakantrao Katneshwarkar, Anoop Kandari, Advocates

JUDGMENT :

INDIRABANERJEE, J.

1. These appeals are against the final judgment and order dated 21/24/25-3-2014 of the High Court of Judicature at Bombay in Criminal Appeal No. 1202 of 2013/Criminal Confirmation Case No.6 of 2013 whereby the High Court has confirmed the conviction of the appellant under Sections 302, 376(2)(f), 377, 363, 364, 367 and 201 of the Indian Penal Code, as also under Sections 3, 4, 5(i) (l) and (m) of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as ‘POCSO’) and, interalia, affirmed the sentence of death imposed on the appellant.

2. The facts giving rise to these appeals are abhorrent. The Complainant and his wife being the second Prosecution Witness (PW) resided at Room No.3 in the ground floor of Om Sai building, near the Shivsena Office in Koparigaon, with their son aged 10 years and two daughters aged 7 years and 5 years respectively.

3. It is the case of the complainant that he and his wife (PW 2), used to go to work, leaving the three children at home. On 22.1.2013, PW 2 had to go to her paternal home to visit her father. When PW 2 returned home around 2.00 p.m. she found that her youngest daughter, being the victim, w

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