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2019 Supreme(SC) 1100

Ravi S/o Ashok Ghumare – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellant(s) :Nitya Ramakrishnan, Ashwath Sitaraman, Archit Krishna, Sneha Singh, Shadan Farasat, Advocates
For the Respondent(s):Nishant R. Katneshwarkar, Anoop Kandari, Advocates

JUDGMENT :

SURYA KANT, J.

1. These appeals assail the judgment dated 20th January, 2016 passed by the High Court of Judicature at Bombay, Bench at Aurangabad, confirming the death reference in the Sessions Case No. 127 of 2012 decided by the Additional Sessions Judge, Jalna in which the appellant having been found guilty of committing offences punishable under Sections 302, 363, 376 and 377 of the Indian Penal Code (for short ‘the IPC’), has been awarded the sentence of death under Section 302, IPC along with the sentence of rigorous imprisonments of different durations with fine for the rest of offences. The Trial Court as well as the High Court have concurrently held that the case falls within the exceptional category of ‘rarest of the rare’ cases where all other alternative options but to award death sentence, are foreclosed.

2. The facts leading to the aforestated conclusion are to the following effect.

3. The informant Iliyas Mohinuddin (PW-9) had been a fruit-seller based in Jalna. On 06.03.2012 at about 5.00 p.m. while he was as usual busy in selling fruits, his wife informed him that their daughter (in short ‘the victim child’) who was 2 years old, was missing. He along with hi

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