Point of Law – POCSO – Sentence - certificate under S. 65B(4) is unnecessary if the “original document” itself is produced, since it is being used as primary evidence of the information contained in the electronic record

JUDGMENT :

V. M. Deshpande, J.

1. A trial was conducted in the Court of learned Special Judge, Buldhana as Special (POCSO) Case No. 27 of 2019 against two accused persons namely- (1) Sagar Vishwanath Borkar ; and (2) Nikhil Shivaji Golait. They were charged for the offence punishable under Sections 363, 366-A, 376(2)(j), 376(2)(m), 376(DB), 506 read with Section 34 of the Indian Penal Code (IPC). They were also charged for the offence punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as “the POCSO Act” for the sake of brevity) and under Sections 3(1)(w)(i), 3(1)(w)(ii) and 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “the Atrocities Act” for the sake of brevity. After a full fledged trial, the learned Special Judge, Buldhana delivered the judgment on 13.08.2020 holding that the prosecution has proved the Charge and convicted both the accused persons for the offence punishable under Sections 363, 376(2)(m), 506 read with Section 34 of the Indian Penal Code (IPC). The learned Special Judge also convicted both the accused for the offence punishable under Section 376(DB) read with Section 34 of the IPC and under Section 6 of the POCSO Act. Only accused no.2 – Nikhil Shivaji Golait was convicted for the offence punishable under Section 3(1)(w)(i), 3(1)(w)(ii) and 3(2)(v) of the Atrocities Act. Both the accused persons were acquitted for the offence punishable under Section 366-A read with Section 34 of the IPC.

2. For their conviction under Section 363 read with Section 34 of IPC, both the accused persons were directed to suffer rigorous imprisonment for a period of seven years and to pay a fine of Rs.10,000/- by each of them with default clause of sufferance of simple imprisonment for four months.

For their conviction under Section 376(2)(m) read with Section 34 of IPC, they were directed to suffer rigorous imprisonment for life, with a direction that it shall mean, imprisonment for the remainder of their natural life and to pay a fine of Rs.25,000/- by each of them with default clause of sufferance of simple imprisonment for ten months.

For their conviction under Section 376(DB) read with Section 34 of the IPC and under Section 6 of the POCSO Act, sentence was ordered only for the offence under Section 376(DB) read with Section 34 of IPC and the sentence given to them was death sentence and they were ordered to be hanged by neck till they are dead and also to pay a fine of Rs.50,000/- by each of them. Both the accused persons were sentenced to suffer rigorous imprisonment for a period of two years and to pay a fine of Rs.2,000/- by each of them, they having committed an offence punishable under Section 506 read with Section 34 of the IPC.

Accused no.2 Nikhil Golait was directed to suffer rigorous imprisonment for a period of one year and to pay a fine of Rs. 2,000/- and in default to suffer simple imprisonment for one month for the offence punishable under section 3(1)(w)(i) of the Atrocities Act.

Similarly, he was sentenced to suffer rigorous imprisonment for a period of one year and to pay a fine of Rs. 2,000/- and in default to suffer simple imprisonment for one month for the offence punishable under section 3(1)(w)(ii) of the Atrocities Act.

Accused No.2 Nikhil Golait was also sentenced to suffer imprisonment for life and to pay a fine of Rs. 10,000/- and in default to suffer simple imprisonment for four month for the offence punishable under section 3(2)(v) of the Atrocities Act.

3. Since, both the accused persons, who were tried by the learned Special Judge, Buldhana, were sentenced to death, the learned Special Judge made a reference to this Court for confirmation of death sentence and the entire record and proceedings were sent to this Court. The reference made by the learned Special Judge is registered as Criminal Confirmation Case No. 01 of 2020.

4. In the meanwhile, both the accused persons also p