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2021 Supreme(Bom) 1515
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Sadhana S. Jadhav, Prithviraj K. Chavan, JJ.
State Of Maharashtra & Ors. - Appellants
Versus
Ramkirat Munilal Goud & Ors. - Respondents
Confirmation Case No. 1 of 2019, Criminal Appeal No. 661 of 2019
Decided On : 25-11-2021
Sachin R. Pawar, Advocate, Nikhil Mallelwar, Advocate, Rohan Dilip Kaiche, Advocate, Amjith Anandhan, Advocate, M.M. Deshmukh, Advocate, Rebeca Gonsalvez, Advocate
The judgment emphasizes the importance of establishing a proportionate sentence, considering aggravating and mitigating circumstances, and addressing the safety of girl children in society.
Headnote:
POCSO Act - Death Sentence - Indian Penal Code, Protection of Children from Sexual Offences Act - 302, 363, 376(2)(i), 201, 4, 8 - The court confirmed the death sentence of the accused for offences under section 302, 363, 376(2)(i), 201 of Indian Penal Code and section 4 and 8 of the Protection of Children from Sexual Offences Act, 2012.
Fact of the Case:
A three-year-old girl was sexually abused and brutally murdered. The accused was convicted for the offences under section 302, 363, 376(2)(i), 201 of the Indian Penal Code and section 4 and 8 of Protection of Children from Sexual Offences Act, 2012. The prosecution presented circumstantial evidence to establish the guilt of the accused.
Finding of the Court:
The court found the accused guilty based on circumstantial evidence, including witness testimonies and scene of offence panchanama. The medical evidence, including the autopsy report, supported the prosecution's case. The court also noted the lack of remorse from the accused during incarceration.
Issues: The case involved issues of circumstantial evidence, medical evidence, and the conduct of the accused during incarceration. The court also addressed the balance of aggravating and mitigating circumstances in imposing the death sentence.
Ratio Decidendi: The court confirmed the death sentence based on the heinous and diabolic nature of the crime, the lack of remorse from the accused, and the failure to demonstrate mitigating circumstances. The court also emphasized the importance of imposing a proportionate sentence and addressing the safety of girl children in society.
Final Decision: The court confirmed the death sentence of the accused, dismissed the criminal appeal, and answered the reference. The court also directed the District Legal Service Authority to disburse compensation to the father of the victim.
JUDGMENT
Sadhana S. Jadhav, J. - "A bud of rose was crushed before it bloomed, a kite was torn when about to fly, the budding flower was crushed to ashes and the kite took the soul away."
This is yet another sad saga of a three year old girl child, who was playing with her little dog, when she was noticed by a knave man who was driven by a desire of lust upon the sight of a little happy harmless child playing in her own world.
2 The State is seeking confirmation of the death sentence passed by District Judge-7 & Special Judge under POCSO Act, Thane in Special Case (Child Protection) No138/2013 vide Judgment and Order dated 8/3/2019. Criminal Appeal No. 661 of 2019 is an appeal filed by a convict who is directed to be hang by the neck till he is dead for having committed offences punishable under section 302, 363, 376 (2) (i), 201 of the Indian Penal Code and section 4 and 8 of Protection of Children from Sexual Offences Act, 2012 by District Judge-7 & Special Judge under POCSO Act, Thane in Special Case (Child Protection) No138/2013. The operative order reads thus :
1. Accused Ramkirat Munilal Goud, aged 30 years is hereby convicted as per section 235(2) of the Code of Criminal Procedure for the offence punishable under Sections 302, 363, 376(2)(i), 201 of Indian Penal Code and offence punishable under Sections 4 and 8 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 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 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."
3 The facts of the case in a nutshell are that-
On 30/09/2013 Miss Y, a little three year and nine months old girl ventured out of her house to play with her dog. She did not return home. Her father searched for his daughter in the neighbourhood. He saw his dog tied in the watchman chawl. He lodged a missing report, and the investigation was set into motion. On 2/10/2013 at about 2 p.m., the police called upon PW. 1 to identify the dead body of a child lying in a mud pond. On 3rd October accused was arrested. The autopsy on the dead body of the child showed that she had been brutally sexually abused before she was put to death. The cause of death was "death due to head injury with extensive genital injuries." The accused was charge-sheeted for offence punishable under section 302, 363, 376 (2) (i), 201 of the Indian Penal Code and section 4 and 8 of Protection of Children from Sexual Offences Act, 2012.
4 At the trial, the prosecution examined as many as 18 witnesses to bring home the guilt of the accused. PW.1 happens to be the unfortunate father of the deceased. He has deposed before the court that he works as a painter and resides with his mother, his wife had withdrawn herself from the society of her husband since two years. On 30th September 2013 at about 10 a.m. his mother had gone to fetch water, thereafter he left the house for his own work. When he returned after 15 minutes, he found that his daughter and his dog was missing. When he was searching for his daughter, the people in the neighbourhood told him that the
