Case Note & Summary
The case involves the confirmation of a death sentence awarded to Vitthal Tukaram Atugade by the learned District Judge-1 and Additional Sessions Judge, Islampur, District-Sangli, for the brutal rape and murder of a 4-year-old girl. The accused was convicted under multiple provisions of the Indian Penal Code, 1860 (IPC) and the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The Trial Court sentenced him to death for murder under Section 302 IPC, life imprisonment for rape under Section 376(2)(f) IPC, and various terms of imprisonment for kidnapping (Section 363 IPC), abduction (Section 366 IPC), destruction of evidence (Section 201 IPC), and offences under POCSO Act (Sections 4 and 6). The Trial Court made a reference to the High Court under Section 366 of the Code of Criminal Procedure, 1973 (CrPC) for confirmation of the death sentence. The accused also filed an appeal against his conviction and sentences. The High Court, after hearing the parties, examined the evidence and the law. The Court considered whether the case fell within the 'rarest of rare' category for imposition of the death penalty. The Court noted the brutal and diabolical nature of the crime, the helplessness of the minor victim, and the lack of any mitigating circumstances. The Court held that the death sentence was justified and confirmed it. The Court also upheld the other convictions and sentences. The judgment was delivered by a Division Bench of the Bombay High Court, comprising Smt. V.K. Tahilramani and Shri A.S. Gadkari, JJ., with the judgment authored by A.S. Gadkari, J.
Headnote
A) Criminal Law - Death Sentence Confirmation - Rarest of Rare Cases - Section 302 Indian Penal Code, 1860 - The Court considered whether the murder of a 4-year-old girl after rape falls within the 'rarest of rare' category warranting death penalty. The Court held that the brutal and diabolical nature of the crime, the helplessness of the victim, and the lack of any mitigating circumstances justified the death sentence. (Paras 1-78) B) Criminal Law - Rape of Minor - Aggravated Penetrative Sexual Assault - Section 376(2)(f) Indian Penal Code, 1860 and Section 6 Protection of Children from Sexual Offences Act, 2012 - The accused was convicted for rape of a child below 12 years. The Court upheld the life imprisonment sentence, noting the heinous nature of the assault. (Paras 2-78) C) Criminal Law - Kidnapping - Section 363 Indian Penal Code, 1860 - The accused kidnapped the minor victim from lawful guardianship. The Court upheld the conviction and sentence of rigorous imprisonment for three years. (Paras 2-78) D) Criminal Law - Abduction - Section 366 Indian Penal Code, 1860 - The accused induced the minor to go with him for illicit intercourse. The Court upheld the conviction and sentence of rigorous imprisonment for two years. (Paras 2-78) E) Criminal Law - Destruction of Evidence - Section 201 Indian Penal Code, 1860 - The accused caused disappearance of evidence of the murder by disposing of the body. The Court upheld the conviction and sentence of rigorous imprisonment for three years. (Paras 2-78) F) Criminal Law - Aggravated Penetrative Sexual Assault - Section 4 Protection of Children from Sexual Offences Act, 2012 - The accused was convicted for penetrative sexual assault on a child. The Court upheld the sentence of rigorous imprisonment for seven years. (Paras 2-78) G) Criminal Procedure - Reference for Confirmation of Death Sentence - Section 366 Code of Criminal Procedure, 1973 - The Trial Court made a reference to the High Court for confirmation of the death sentence. The High Court, after hearing the parties, confirmed the death sentence. (Paras 1-78)
Issue of Consideration
Whether the death sentence awarded to the accused for the offences of murder, rape, kidnapping, and destruction of evidence of a minor girl should be confirmed under Section 366 of the Code of Criminal Procedure, 1973.
Final Decision
The High Court confirmed the death sentence awarded to the accused for the offence under Section 302 IPC and upheld all other convictions and sentences.
Law Points
- Death sentence confirmation
- Rarest of rare doctrine
- Section 302 IPC
- Section 376(2)(f) IPC
- Section 363 IPC
- Section 366 IPC
- Section 201 IPC
- Section 4 POCSO Act
- Section 6 POCSO Act
- Section 366 CrPC
