JUDGMENT :

Sadhana S. Jadhav, J.

The stone of a grave had crushed the candle before it could spread light or its aura could be seen.

1. The tragic death of the child Miss. “X” came to light on 4th April, 2018, when her almost decomposed body was found in an abandoned state in the thorny bushes of an open land, which was used by the locals for defecating.

2. The State has filed this Case for confirming the death sentence awarded against the Respondent-Accused vide Judgment and Order dated 8th March, 2019 passed by the Additional Sessions Judge & Special Judge under POCSO Act, Thane in Special Case (Child Protection) No. 159 of 2018. The operative order reads as under :

“1. Accused Mohammad Aabed Mohammad Ajmir Shaikh, aged 20 years is hereby convicted as per section 235(2) of the Code of Criminal Procedure for the offence punishable under sections 363, 364, 366-A, 302, 201 of Indian Penal Code and offence punishable under sections 4, 8 and 10 of the Protection of Children from Sexual Offences Act, 2012.

2. Accused is hereby convicted as per section 235(2) of the Code of Criminal Procedure Code for the offence punishable under section 302 of Indian Penal Code and be hanged by the neck till