Case Note & Summary
The confirmation case and criminal appeal arise from the conviction and death sentence awarded to the accused by the Special Judge (POCSO), Thane, in Special Case No. 1 of 2013. The accused was convicted under Sections 302, 376, 376(2)(f), 377, 363, 364, 367, and 201 of the Indian Penal Code, and under Sections 3, 5(h), 5(i), 5(k), 5(l), 5(m) read with Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012. The prosecution case involved the sexual assault and murder of a five-year-old girl on January 22, 2013. The victim was the daughter of neighbours living in the same building as the accused. After going missing in the afternoon, she was found dead with severe injuries outside her home late at night. Medical evidence confirmed repeated sexual assault, anal penetration, head injuries, and smothering as the cause of death. The investigation led to the accused through suspicion raised by his own son, leading to recovery of blood-stained clothes of the victim and other incriminating material from the accused's house and at his instance. DNA analysis matched the blood and semen samples to the victim and the accused. The trial court, considering the brutality and the victim's age, imposed the death penalty and life imprisonment. The High Court, on reference, heard the confirmation case and the appeal together over three days in March 2014 and delivered oral judgment. The provided excerpt, however, does not include the court's reasoning or final decision.
Issue of Consideration
Whether the death sentence awarded by the trial court should be confirmed; Whether the conviction and sentence imposed on the accused under various sections of IPC and POCSO Act are sustainable.
Case Details
2014 LawText (BOM) (03) 81
Confirmation Case No. 6 of 2013, Criminal Appeal No. 1202 of 2013
V.K. Tahilramani, V.L. Achliya
Mrs. Usha V. Kejariwal (APP for the State), Mr. Abhaykumar Apte (Advocate for the Accused)
Dattatraya @ Datta Ambo Rokade
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Nature of Litigation
Criminal confirmation case and appeal arising from conviction and death sentence for offences against a minor.
Remedy Sought
Confirmation of death sentence by the State; appeal by accused seeking acquittal or reduction of sentence.
Filing Reason
The trial court convicted the accused and sentenced him to death, necessitating a reference to the High Court for confirmation; the accused challenged the conviction and sentence.
Previous Decisions
The Special Judge (PCFSO), Thane, in Special Case No. 1 of 2013, convicted the accused under various sections of IPC and POCSO Act and imposed death penalty along with life imprisonment.
Issues
Whether the death sentence awarded to the accused should be confirmed
Whether the conviction under Sections 302, 376, 376(2)(f), 377, 363, 364, 367, 201 of IPC and under POCSO Act is sustainable
Whether the appeal filed by the accused against the conviction and sentence deserves to be allowed
Judgment Excerpts
The Confirmation Case No. 6 of 2013 arises out of the Reference made by the learned Special Judge (PCFSO Act) Thane in Special Case No. 1 of 2013 for confirmation of the death sentence awarded to the accused Dattatraya @ Datta Ambo Rokade.
On 22.01.2013, Kavita left her house at about 10.00 a.m. Before leaving the house, she cooked rice, dal and dish of sago. When she was leaving the house, her three children were present in the house i.e Mahesh, Manisha and the victim girl.
PW 13 Dr. Jain conducted the postmortem on the dead body of the victim girl. He noticed injuries on the private part, anus, below eyelid and over upper lip. ... Dr. Jain opined that the cause of death is asphyxia due to smothering associated with head injuries and sexual assault.
Procedural History
On 22.01.2013, the victim girl went missing and was later found dead with injuries outside her home. An FIR was lodged, leading to investigation. The accused was arrested on 25.01.2013. After investigation, chargesheet was filed. The trial was conducted before the Special Judge (PCFSO), Thane, in Special Case No. 1 of 2013. On 07.06.2013, the trial court convicted the accused under multiple sections of IPC and POCSO Act, sentencing him to death. A reference was made to the High Court for confirmation of death sentence. The accused also filed Criminal Appeal No. 1202 of 2013. The High Court heard both matters together on 21, 24, and 25 March 2014 and delivered oral judgment.
Acts & Sections
- Indian Penal Code, 1860: 302, 376, 376(2)(f), 377, 363, 364, 367, 201
- Protection of Children from Sexual Offences Act, 2012: 3, 4, 5(h), 5(i), 5(k), 5(l), 5(m), 6
