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High Court of Judicature at Bombay, Aurangabad Bench Hears Confirmation of Death Sentence and Criminal Appeal in POCSO Rape-Murder Case. Trial Court Convicted Accused Under Sections 376-A, 302 IPC and POCSO Act; High Court Reviews Death Reference and Appeal.

High Court: Bombay High Court Bench: AURANGABAD
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2026-09-24 08:21:14
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Issue of Consideration

CRIMINAL CONFIRMATION CASE NO. 01 OF 2020

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Case Details

2021 LawText (BOM) (02) 9

Criminal Confirmation Case No. 01 of 2020 with Criminal Appeal No. 402 of 2020

Ravindra V. Ghuge, B. U. Debadwar

S. D. Ghayal (APP for State), Sudarshan J. Salunke (for accused)

State of Maharashtra

Vishnu s/o Madan Gore

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Nature of Litigation

Criminal confirmation case and criminal appeal against conviction and death sentence.

Remedy Sought

State sought confirmation of death sentence; accused sought acquittal by setting aside conviction.

Filing Reason

Trial court convicted accused for rape and murder of a minor girl and sentenced him to death; confirmation case filed under CrPC Section 363; accused filed appeal.

Previous Decisions

Trial court in Special Case (POCSO) No. 02/2017 convicted accused under IPC Sections 376-A, 302, 201, 363, 364 and POCSO Sections 5, 6, and sentenced him to death.

Judgment Excerpts

The accused in Special Case (POCSO) No. 02/2017, Shri. Vishnu Madan Gore, has been convicted for having committed the offence punishable u/s 376-A and Section 302 of the Indian Penal Code along with Sections 5 and 6 of the Protection of Children from Sexual Offences Act, 2012. The case put forth by the prosecution against the accused, is as follows : - [a] The informant is PW1 - Prabhakar Shamrao Gaiwal, who is the grandfather of the deceased minor victim girl, who was aged about 5 years.

Procedural History

Trial court convicted accused and sentenced him to death; trial court forwarded case for confirmation under CrPC Section 363 to High Court; accused filed Criminal Appeal No. 402 of 2020; High Court heard both matters together.

Acts & Sections

  • Indian Penal Code, 1860: 376-A, 302, 201, 363, 364
  • Protection of Children from Sexual Offences Act, 2012: 5, 6
  • Code of Criminal Procedure, 1973: 354(5), 363
  • Indian Evidence Act, 1872: 27
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Tags :
death penalty POCSO rape murder circumstantial evidence last seen theory DNA evidence child victim

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