JUDGMENT :

T.V. Nalawade, J.

1. Criminal Appeal No. 678/2017 is filed by accused No. 1 and the other appeal is filed by accused Nos. 2 and 3 from Sessions Case No. 340/2014 which was pending before the learned Judge of Special Court created under the provisions of Protection of Children from Sexual Offences Act, 2012. The Confirmation Case is referred by the trial court for confirmation of death sentence. All the three accused are convicted by the trial court for offences punishable under sections 302 read with section 34 and 376-A read with section 34 of the Indian Penal Code and for each of these offences death penalty is given to all the three accused. They are also convicted and sentenced for the offence punishable under section 120-B of the Indian Penal Code and for that each of them is sentenced to suffer imprisonment for life. They are convicted for offence punishable under section 376-D read with section 34 of the Indian Penal Code and for that also each of them is sentenced to suffer imprisonment for life and to pay fine of Rs. 50,000/- each. They are sentenced to suffer imprisonment for life for offence punishable under section 376(1)(2)(m) read with section 34 of the Indian Penal Code. They are convicted for offence under section 3 punishable under section 4 and under section 5 punishable under section 6 of the Protection of Children from Sexual Offences Act, 2012 but no separate sentence is given for these offences. Heard both the sides.

2. The facts leading to the institution of the appeals and the reference for confirmation can be stated as follows.

3. The victim girl was aged about 16 years and she was studying in 10th standard in a school from village Alkuti. She was resident of a Vasti from village Hamumanwadi, Taluka Parner, District Ahmednagar. From Hanumanwadi she was required to walk upto village Loni-Mawala which is situated at a distance of about one to one and half kilometers and from there she was required to go to village Alkuti by state transport bus. At the relevant time, unit tests of the school were going on.

4. The incident took place on 22-8-2014. On that day the victim left home at 9.30 a.m. for school for attending the Unit Test. When the Unit test was over, by bus she returned to Loni-Mawala at 5.00 p.m. When she was proceeding towards Hanumanwadi on foot there was rain and so she stopped below a tree situated near the bungalow of one Dadabhau Mawale. She was seen at 5.15 p.m. below that tree by her cousin Amol (PW-2) when he was proceeding towards Padwal Mala with his friend Sagar and they were on motor cycle.

5. After crossing some distance, Amol had casual talk with accused persons as they were coming from opposite direction and they were on motor cycle. Amol had noticed that the victim had started on foot towards Hanumanwadi and behind her by keeping some distance the motor cycle of the accused persons was proceeding in the same direction in slow speed.

6. The victim girl did not reach home even when it was 6.00 p.m. Popat, father of the victim girl, and other relatives started searching for the victim girl. She was not found in the village and the search was taken in the vicinity of the village and they had gone upto Loni-Mawala also. Some persons who were taking search noticed that sandals of the victim girl were lying on the road leading to Hanumanwadi and these sandals were identified by mother of the victim. Then search of the vicinity of that spot on that basis was made thoroughly and after that they noticed the dead body of the victim lying in chari, Canal No. 37. At that place chari had a small bridge over it and road was passing over the bridge. The dead body was found at 7.00 p.m. There were injuries on the dead body and in view of the position of the dead body, everybody realised that there was rape and murder. Somebody informed to police and police also rushed to the spot. Sandip, uncle of the victim girl and real brother of Popat gave report to Parner Police Station before 10.00 p.m