S.S. Shinde, J.

1. In Special Child Case No.11 of 2015, learned Special Judge, Majalgaon has awarded death sentence to both the accused therein, the proceedings in the said case, have been therefore forwarded to this Court for confirmation under Section 366 of the Code of Criminal Procedure.

2. Pursuant to Production Warrant issued during the course of hearing of the Appeals and Confirmation Case, both the accused were produced by the prosecution on each date of hearing, and throughout the hearing they were present in the Court Hall.

3. Both the accused have also preferred separate Appeals, which were admitted by this Court, and registered as Criminal Appeal No.527 of 2016 and Criminal Appeal No.507 of 2016. Criminal Appeal No.527 of 2016 is filed by Accused No.1 Krishna s/o Ramrao Ridde, and Criminal Appeal No. 507 of 2016 is filed by Accused No.2 Achyut @ Bappa @ Babu s/o Kachru Chunche challenging the Judgment and order dated 17th August, 2016, passed by learned Special Judge, Majalgaon in Special Child Case No.11 of 2015. The Special Judge, Majalgaon convicted Accused No.1 Krishna s/o Ramrao Ridde and Accused No.2 Achyut @ Bappa @ Babu s/o Kachru for the offence punishable under Section 449 read with Section 34 of the Indian Penal Code (for short "I.P. Code") and sentenced them to suffer rigorous imprisonment for a period of seven years and also to pay a fine of Rs.1000/- each, in default to suffer simple imprisonment of two months. Accused No.1 and Accused No.2 are further convicted for the offence punishable under Section 354(B) read with Section 34 of the I.P. Code and sentenced to suffer rigorous imprisonment for a period of three years and also to pay fine. Accused Nos.1 and 2 are further convicted for the offence punishable under Section 376(2)(i) read with Section 34 of the I.P. Code and sentenced them to suffer rigorous imprisonment for life and also to pay fine. Accused Nos.1 and 2 are further convicted for the offence punishable under Section 4 of the Protection of Children from Sexual Offences (POCSO) Act and sentenced them to suffer rigorous imprisonment for a period of ten years and also to pay fine. Accused No.1 Krishna s/o Ramrao Ridde and accused No.2 Achyut @ Bappa @ Babu s/o Kachru are further convicted for the offence punishable under Section 302 read with 34 of the I.P. Code and they are sentenced to death. The above all sentences of imprisonment are directed to be run concurrently.

4. As all the matters are arising out of one and the same Judgment, the arguments in all the matters are simultaneously heard and we find it expedient to decide all the three matters by common reasoning. However, since the very conviction has been challenged by the convicts, the only proper course would be to first decide the Criminal Appeals so filed by Accused Nos.1 and 2, for the reason that, only if the order of conviction is maintained by this Court, the further question will arise whether or not the death sentence awarded by the trial Court is sustainable and is to be confirmed or otherwise.

5. Heard the learned A.P.P. for the State and the learned counsel appearing for both the accused.

6. The factual matrix of the prosecution case is as under:

(A) The informant Gulab s/o Ismail Shaikh aged about 65 years resides at village Choramba, TqDharur, Dist-Beed. He has two real brothers namely Chand aged about 80 years and Hasan aged about 50 years as well as he has three step brothers namely Rasool aged about 45 years, Husain aged about 41 years and Papa aged about 38 years. Thus they are in all six brothers and they are residing separately. His real brother Chand has in all three wives. The name of first wife of his brother Chand is Ratanbai and said Ratanbai has one son namely Bashir. The name of second wife of Chand is Mansab and said Mansab has one son namely Rashed and two daughters namely Vajira and Shakira. The name of third wife of Chand is Noorjaha and the said Noorjaha has one daughter namely Parveen aged about