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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
ANIL S. KILOR, PRAVIN S. PATIL, JJ.
The State of Maharashtra - Appellant
Vs.
Guddu Chhotelal Rajak - Respondent
Criminal Confirmation Case No. 02 of 2024 With Criminal Appeal No. 322 of 2024
Decided On : 11-11-2025
| Table of Content |
|---|
| 1. court proceedings for death penalty confirmation. (Para 1 , 2 , 3) |
| 2. confirmation of capital punishment and its standards. (Para 4 , 17 , 22) |
| 3. details of the investigation and filed charges. (Para 5 , 6 , 8) |
| 4. witness testimonies and evidence collection procedures. (Para 9 , 10 , 11) |
| 5. arguments related to the sufficiency of evidence. (Para 19 , 20 , 21) |
| 6. court analysis of evidence regarding culpability. (Para 30 , 32 , 33) |
| 7. assessment of the death penalty appropriateness. (Para 119 , 128 , 129) |
JUDGMENT :
(Per : Anil S. Kilor, J)
1. Heard.
2. In the Crime No.634 of 2022 registered for the offences punishable under Sections 302 , 307, 323, 182, 193, 194, 196, 203, 120- B of the Indian Penal Code (hereinafter referred to as “IPC”) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as “the POCSO Act, 2012”) and under Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 , on filing of the charge-sheet, the trial was conducted and the accused herein Guddu Chhotelal Rajak has been convicted by the Special Court (POCSO) and District Judge-3 and Additional Sessions Judge, Nagpur vide order dated 21/05/2024 for the offences punishable as follows :
i) Under Section 302 of IPC – sentenced to suffer death and to pay fine of Rs.50,000/- (Rs.Fifty Thousand only), in default to suffer further Rigorous Imprisonment for 05(Five) years.
ii) Under Section 376(2)(f), 376(2)(n) of IPC and Section 6 of the POCSO Act, 2012.
iii) Under Section 6 of the POCSO Act, 2012 - to suffer death and to pay fine of Rs.50,000/- (Rs. Fifty Thousand) only, in default to suffer further Rigorous Imprisonment for 05 (Five) years.
iv) Under Section 307 of IPC - sentenced to suffer imprisonment for life and to pay fine of Rs. 10,000/- (Rs. Ten Thousand) only, in default to suffer further Simple Imprisonment for 02 (Two) months.
v) Under Section 323 of IPC - sentenced to suffer Rigorous Imprisonment for 01 (one) year and to pay fine of Rs.1000/- (Rs. One Thousand) only, in default to suffer further Simple Imprisonment for 01 (one) month.
vi) Under Section 182 of IPC - sentenced to suffer Rigorous Imprisonment for 06 (Six) months and to pay fine of Rs.1000/- (Rs. One Thousand) only, in default to suffer further Simple Imprisonment for 01 (One) month.
vii) Under Section 193 of IPC - sentenced to suffer Rigorous Imprisonment for 06 (Six) months and to pay fine of Rs.1000/- (Rs. One Thousand) only, in default to suffer further Simple Imprisonment for 01 (One) month.
viii) Under Section 194 of IPC - sentenced to suffer imprisonment for life and to pay fine of Rs.10,000/- (Rs. Ten Thousand) only, in default to suffer further Simple Imprisonment for 02 (Two) months.
ix) Under Section 196 of IPC - sentenced to suffer Rigorous Imprisonment for 03 (Three) years and to pay fine of Rs.15,000/- (Rs. Fifteen Thousand) only, in default to suffer further Simple Imprisonment for 01 (One) month.
x) Under Section 203 of IPC - sentenced to suffer Rigorous Imprisonment for 02 (Two) years and to pay fine of Rs.5000/- (Rs. Five Thousand) only, in default to suffer further Simple Imprisonment for 01 (One) month.
xi) Under Section 75 of the Juvenile Justice (Care and Protection of Children), 2015 - sentenced to suffer Rigorous Imprisonment for 03 (Three) years and to pay fine of Rs.5000/- (Rs. Five Thousand) only, in default to suffer further Simple Imprisonment for 01 (One) month.
xii) Under Section 120-B of IPC - sentenced to suffer imprisonment for life and to pay fine of Rs.10,000/- (Rs. Ten Thousand only), in default to suffer further Simple Imprisonment for 02 (Two) months.
(The accused has been acquitted of the offence punishable under Section 201 of IPC.)
3. Since the accused is sentenced with the punishment of death, the proceeding is referred to this Court for confirmation under Section 366(1) of the Code of Criminal Procedure.
4. The convict has also filed an appeal raising a challenge to the judgment and
The court found that the accused intentionally caused his daughter's death while attempting to fabricate evidence to frame others, reaffirming principles regarding the evaluation of child witness tes....
The competence of child witnesses, scrutiny of hostile witnesses' testimony, and the significance of corroborative evidence and the presumption under Section 29 of the POCSO Act are central legal pri....
The prosecution must establish charges beyond reasonable doubt, including the minor status of the victim, which it failed to do, leading to the acquittal of the accused.
Point of Law – Kidnapping and abduction – Conviction - victim, who is found to be an unreliable witness - appellant is entitled for benefit of doubt
Point of Law : Evidence suggesting that the accused was seen in the company of the deceased on the date of occurrence can at best raise grave suspicion about his involvement but the same.
The presumption of guilt under Section 29 of the POCSO Act is not absolute and requires the prosecution to establish foundational facts before the burden shifts to the accused to rebut the presumptio....
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