JUDGMENT/ORDER

ABHAY S.WAGHWASE,J. - Vide instant proceedings, on one hand, State is seeking confirmation of death sentence awarded by Additional Sessions Judge and Special Judge [under Protection of Children from Sexual Offences Act, 2012], Bhokar dtd. 22/3/2021 and 23/3/2021 in Special [POCSO] Case No. 06 of 2021; whereas, on the other hand, convict is also assailing the same judgment on its legality, maintainability and sustainability. Resultantly, both proceedings are taken up and decided by way of common judgment.

CASE OF PROSECUTION IN TRIAL COURT IS AS UNDER:

2. Afternoon of 20/1/2021 turned out to be the darkest of all times and also the last for the little soul born to PW1 and PW10. Unmindful of the outrageous and perverse intentions of her so-called "uncle", she innocently took a last run to be in his company. According to prosecution, this is a classic illustration of how blatant and patent breach of trust can be committed by a person who is like a guardian to child. Accused has victimized a girl child, who, on seeing him arrive, ran towards him only to be ravished at his hands in the very vicinity, where her parents were labouring, probably to give their blood and flesh a