Smt. I.K. Jain, J.

1. The Confirmation Case No.3 of 2014 arises out of the reference made by the learned Additional Sessions Judge, Mangaon, Raigad, in Sessions Case No.8 of 2013 for confirmation of death sentence awarded to Appellant/accused Viran Gyanlal Rajput. By the Judgment and Order dated 25/06/2014 in Sessions Case No.8 of 2013, learned Additional Sessions Judge convicted the accused for the offence punishable under Section 302 of the Indian Penal Code (for short 'IPC') and sentenced him to capital punishment of death. By the very same Judgment and Order, accused was also convicted under Section 366 IPC, Sections 10 and 4 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act, 2012') and Section 201 of IPC, as follows:

(i) Section 366 IPC - R.I. for 10 years and to pay a fine of Rs.200/-; in default further R.I. for a period of one year.

(ii) Section 10 of the POCSO Act, 2012 - R.I. for 7 years and to pay a fine of Rs.200/-; in default further R.I. for one year.

(iii) Section 4 of the POCSO Act, 2012 – imprisonment for life and to pay a fine of Rs.500/-; in default further R.I. for 2 years.

(iv) Section 201 IPC - R.I. for a period of 7 years and to pay a fine of Rs.200/-; in default further R.I. for one year.

2. As indicated above, in view of the sentence of death imposed on the accused, the learned Additional Sessions Judge made a reference to this Court for confirmation of death sentence. The accused being aggrieved by the said Judgment and Order, preferred Criminal Appeal No.760 of 2014. As the Confirmation Case and the Appeal are directed against the same Judgment and Order, both were heard and are being decided together.

3. The facts in the present case disclose a sordid story in which the alleged sexual assault followed by brutal and merciless murder by the dastardly act of the accused is said to have been committed. The most disgusting feature is that a school going girl of the tender age of 13 years fell a prey to the lust of the accused which sends shocking waves to anyone having slightest sense of human values and human dignity. The gruesome nature of the crime and the diabolical manner in which the act was executed, poses a question whether the author of such crime can ever be reformed and if death penalty is given in such a case, whether it would be justified irrespective of the fact whether it acts as deterrent or not.

4. The prosecution case briefly stated is as under:-

(i) The victim girl was the daughter of Ganesh Pandurang Parab and PW 6 Gita Ganesh Parab, residents of Kamthekarwadi in Taluka Sudhagad, District Raigad. The victim girl was about 13 years old at the time of incident. She was studying in 9th standard at Sharda Vidyamandir, Pedali. The distance between Kamthekarwadi and Pedali was about 4 kms. She used to go by walk to the school. Accused was residing at Village Panna, Taluka Rithi, District Katni, Madhya Pradesh. At the relevant time he was found at the bank of river Amba where Pardhi people used to reside near the village of victim girl.

(ii) On 17/10/2012, victim girl had been to her school. In the evening, she did not return home. So her father Ganesh Pandurang Parab asked his nephew PW 3 Samir Vishnu Parab to search her whereabouts. Then PW 3 Samir, with the help of villagers, went in search on the way from Pedali to Kamthekarwadi but she was not found.

(iii) During search on 18/10/2012 at about 3.00 a.m. in the jungle area, sandal of victim girl was found. At around 8.00 a.m., her school bag and wristwatch could be seen lying near the place where sandal was found. On that day at about 8.30 a.m. PW 3 Samir filed a missing complaint to Pali Police Station.

(iv) According to prosecution on 17/10/2012 in the evening PW 4 Vijay Maruti Parab was proceeding from Kamthekarwadi to Pedali. At about 5.30 p.m., he saw victim girl coming alone from the school. He stopped her and asked whether she was going alone. That time PW 4 Vijay saw one unknown person following the v