JUDGMENT :

Prithviraj K. Chavan, J.

1. The learned Additional Sessions Judge, Kalyan had submitted the proceeding to this Court for confirmation of the sentence of death awarded by him in Sessions Case No.47 of 2014 on 6th March, 2019 under section 366 of the Code of Criminal Procedure, inter alia, an appeal by the appellant challenging his conviction and sentence of death for having committed murder of the victim and sentence of life imprisonment for committing rape upon her.

2. P.W.1 - mother of the victim and the complainant was a resident of Village Saavroli, Taluka - Shahapur, District. Thane. The family comprised her husband, two sons, one daughter-in-law, grandson, two daughters (victim and another daughter). The victim was prosecuting her studies in Tool Mechanic Course in ITI.

3. On 5th September, 2013, as usual, P.W.1- mother of the victim accompanied her at Asangaon Railway Station around 5.45 a.m. The victim was to attend her college, as usual, on that day also. The victim was to catch a local train of 6.10 a.m. After leaving the victim at the station, P.W.1 - mother of the victim returned home and then left for her work at 8.30 a.m. However, instead of attending her work, P.W.1 - mother of the victim had been to her sister and both of them had gone to Kolshewadi, Kalyan, as they wanted to meet one Appa Shinde. Appa Shinde was known for financially helping poor girls for their admissions in School. However, they could not meet Appa Shinde.

4. Thereafter, both of them went for their work in the Company. Around 10.30 to 10.45 a.m., P.W.1- mother of the victim had called the victim on her mobile number - 9225396130. The victim did not answer the call though the bell was ringing. P.W.1 - mother of the victim returned home around 6.30 p.m. Normally, the victim used to return home around 5.30 p.m. However, on that day, she did not return home and, therefore, several calls were made on her mobile. However, reply was "not reachable". Around 8.00 p.m., P.W.1-mother of the victim asked her son to go to the railway station in search of the victim. He returned home by 9.30 p.m. only to inform that he could not see the victim at the Railway station. P.W.1- mother of the victim thought that due to the fear of her father, perhaps the victim might have gone to her friend's house and would go to her College on the next day morning directly from her friend's house. As such, no report was made on that day.

5. On 6th September, 2013, P.W.1- mother of the victim was at home since it was a holiday. Around 10.30 a.m., her son informed her that dead body of the victim was lying beside the railway crossing. The victim was found half naked as her jeans were pulled down and shirt was also found raised upto the breast. Her lips were found swollen and blood was oozing from her nose and mouth. Her face was swollen. Since P.W.1 - mother of the victim was in utter shock, she was not taken to the spot. Her son had noticed that the mobile handset of TATA Company which belonged to the victim was found stolen. It was apparent that she was raped and murdered.

6. A comp