V.M. Deshpande, J.

1. Sagar, a boy studying in IV standard in the Primary School was done to death by his assailant, after the assailant satisfying his carnal lust against the order of nature, is the sordid tale of the present Appeal.

The present Appeal is directed against the judgment and order of conviction passed by learned Additional Sessions Judge-2, Wardha in Sessions Trial No. 96 of 2010, by which the learned Court below convicted the appellant on the following counts:

(i) For the offence punishable u/s. 364 I.P.C. the appellant was sentenced to undergo R.I. for three years and to pay a fine of Rs. 1,000/- and in default, to undergo S.I. for one month.

(ii) For the offence punishable u/s. 377 I.P.C. he was sentenced to undergo R.I. for five years and to pay a fine of Rs. 1500/- and, in default, to undergo simple imprisonment for one and a half months.

(iii) For the offence punishable u/s. 302 I.P.C. he was sentenced to suffer R.I. for life and to pay a fine of Rs. 2,000/- and in default, to undergo S.I. for two months.

The learned Judge of the Court below has directed that the sentences for the offence punishable u/ss. 364 and 377 of the I.P.C. shall run concurrently, however, the sentence for the offence punishable u/s. 302 IPC, will run after completion for the offence punishable u/s. 364 and 377I.P.C. and the total effect of imprisonment shall not be less than 18 years.

The prosecution case as it unfolded during the course of trial, shorn of unnecessary details, can be narrated as under:

Asaram Chormale (PW 13) was discharging his duties as Police Station Officer at Police Station, Girad on 28.3.2010. On the said day, he got information that dead body of a boy was found at the foot of Faridbaba Tekdi, Girad, near Kabristan (burial ground). He along with his staff, therefore, went there to note a dead body of boy was at that place, besides the nullah. People gathered there. Chayyabai (PW 1) identified that dead body to be of her son Sagar Pise. She was sent to Police Station to lodge the report. Chhayabai lodged her oral report before the NPC Pendam, the said is available at Exh. 26 On the basis of the same, a crime was registered vide Crime No. 23/2010. Pendam then sent the Case Diary to Chormale at the spot of the incident.

Exh. 26 is the oral report of Chhayabai Pise (PW 1). Her report discloses that she is having two sons one Sagar and another Akash. Sagar was elder and was taking education at Primary School, Girad in IV standard.

On 26.03.2010 at 7 o' clock, she left her two sons in the School. At 11 o' clock, younger son Akash came to the house; however Sagar did not. Therefore, Chhayabai started searching him. In that search, she had been to the fair that was going on near Ram Mandir. She searched Sagar at the place where zhoola/swing was there. However, she could not notice him.

At 6 o'clock in the evening, her nephew Praful came and disclosed her that during the recess of the school at 9.30 a.m., Sagar went towards the Bus Stop along with Zhoolewala. On getting this information, the first informant and Praful went towards the Bus Stop; however in vain and, therefore, she went to Zhoolewala whose name is Prabhudayal Rathod (appellant). The first informant enquired with Zhoolewala about the whereabouts of her son. However he replied that he had no knowledge. On 26.3.2010 therefore, she could not find her son. Therefore, on 27.3.2010 a missing report was lodged and in meanwhile, she searched for her son with her relatives.

On 28.03.2010 in the morning, she got information that one boy in dead condition is laying near Girad hillock. Therefore, she rushed to the spot and found to her utter dismay and fear, the dead body to be of her son. The printed F.I.R. is at Exh. 27.

2. After the criminal law was set into motion, PW 13 Asaram Chormale, prepared the spot Panchnama in presence of Panchas. He found injuries on the dead body. The clothes of the dead body were also stained. The dead body was having white shirt, blue ful