Case Note & Summary
The case stems from Crime No. 634 of 2022 registered at Kalamna Police Station for multiple offences including murder (Section 302 IPC), attempted murder (Section 307 IPC), causing hurt (Section 323 IPC), false information and fabrication of evidence (Sections 182, 193, 194, 196, 203 IPC), criminal conspiracy (Section 120-B IPC), aggravated penetrative sexual assault (Section 6 of the POCSO Act, 2012), and cruelty against a child (Section 75 of the Juvenile Justice Act, 2015). Initially, the FIR was lodged by Ashwini Durgaprasad Deshbhratar, the maternal aunt of the victim, against Kaushalya Piparde, Santosh Piparde, Dashrath Piparde, and Kalpana Piparde. However, these four were subsequently discharged after investigation revealed that the real perpetrator was the victim's father, Guddu Chhotelal Rajak. The victim girl was the elder daughter of the accused; she had a younger sister (referred to as 'N') and a brother Gaurav. Their mother had earlier died by suicide. The accused later married Kaushalya. On the morning of 6 November 2022, PSI Manoj Raut received a phone call about a girl hanging at her residence. Police reached the spot and found the victim girl hanging from a hook with suicide notes nearby, implicating the four discharged persons. Investigation, however, uncovered that the accused had staged the suicide. A search of the accused's mobile phone revealed photographs of the incident taken prior to death: the victim girl was alive, standing on a stool with a rope around her neck, and the accused was seen talking to her. The phone also contained photographs of the suicide notes, taken in October 2022, predating the incident. Crucially, the younger daughter 'N' stated that her father forced the victim to stand on a stool, tied a rope around her neck, and then removed the stool, causing her death. Postmortem revealed that the victim had been raped, leading to the addition of Section 376 IPC. 'N' also disclosed that all siblings were mercilessly beaten by the accused, prompting the addition of Sections 323 IPC and 75 JJ Act. The trial was conducted before the Special Court (POCSO) and Additional Sessions Judge, Nagpur, which convicted the accused on all counts except Section 201 IPC. The sentences included the death penalty for murder (Section 302 IPC) and for rape (Section 6 POCSO Act), life imprisonment for attempted murder and criminal conspiracy, and varying terms for other offences. As per mandatory procedure under Section 366(1) CrPC, the confirmation of the death sentence was referred to the High Court. The accused also filed a criminal appeal challenging the conviction and sentence. Both the confirmation case and the appeal were heard together, and the Court reserved judgment on 22 April 2025 and pronounced it on 11 November 2025. The judgment record notes the prosecution examined 25 witnesses; the provided excerpt only lists the first six. The final decision of the High Court is not included in the excerpt.
Issue of Consideration
CRIMINAL CONFIRMATION CASE NO. 02 OF 2024
