Point of law : Power of Courts to award compensation is not ancillary to other sentences to pass an addition thereto. This power was intended to do something to reassure the victim that he or she has not been frightened in the criminal justice system. It is a measure of responding appropriately to crime as well of reconciling the victim with the offender. Recommend to all Courts to exercise this power liberally so as to meet the ends of justice in a better way.

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 he is dead.

3. Accused is hereby sentenced to suffer rigorous imprisonment for life which shall mean imprisonment for the remainder of his natural life and to pay fine of Rs. 5,000 (Rupees Five Thousand only) for the offence punishable under section 376(2)(i) of Indian Penal Code. In default of payment of fine, shall suffer rigorous imprisonment for one year.

4. Accused is sentenced to suffer rigorous imprisonment for 5 years and shall pay fine of Rs. 5,000/-(Rupees Five Thousand only) for the offence punishable under section 363 of IPC. In default of payment of fine, shall suffer rigorous imprisonment for 6 months.

5. Accused is sentenced to suffer rigorous imprisonment for 5 years and shall pay fine of Rs. 5000/-(Rupees Five Thousand only) for the offence punishable under section 364 of IPC. In default of payment of fine, shall suffer rigorous imprisonment for 6 months.

6. Accused is sentenced to suffer rigorous imprisonment for 5 years and shall pay fine of Rs. 5,000/- (Rupees Five Thousand only) for the offence punishable under section 366-A of IPC. In default of payment of fine, shall suffer rigorous imprisonment for 6 months.

7. Accused is sentenced to suffer rigorous imprisonment for 3 years and shall pay fine of Rs. 5,000/- (Rupees Five Thousand only) for the offence punishable under section 201 of IPC. In default of payment of fine, shall suffer rigorous imprisonment for 6 months.

8. All the substantive sentences for imprisonment of the accused shall run concurrently.

9. After realization of the amount, it shall be given to the parents of deceased girl after appeal period is over.

10. Accused is in jail. Hence, he is entitled for set off under section 428 of the Code of Criminal Procedure for the period already undergone in jail for the punishments of the offences except for the punishment under section 376(2)(i) as it implies that life imprisonment shall mean the imprisonment for remainder of life.

11. In view of section 28(2) of Cr. P.C. the sentence of death shall be subject to the confirmation by the Hon’ble High Court. Hence, entire proceeding be sent to the Hon’ble High Court at the earliest.

12 Muddemal property being worthless be destroyed after appeal period is over.

13 The District Legal Service, Thane is hereby requested to award compensation to the parents of deceased girl, as per rule.

14. Judgment declared in open court.

15. Copy of this Judgment be given to the accused free of costs.”

3. The facts of the case in nutshell are as under :

On 2nd April, 2018 early morning PW. 1 lodged a missing report at Bhoiwada Police station alleging therein that on 1st April, 2018 he left his house at about 4.00 p.m. after his afternoon break and went to his pan stall. At about 6.00 p.m, his elder son Ajay visited the pan stall only to inform him that his y