i. Complainant Aniket Shankarrao Deshpande was resident of Purwa Apartment situated at Ahinsa Nagar, opposite Akashwani, Aurangabad and was serving in Sterlight Technology Company situated at MIDC Waluj, Aurangabad.Mansi 21 year old sister of Aniket was residing with him.She was studying in IInd year B.C.S. in MGM College, Aurangabad.At the time of incident their father was posted at Shrinagar.Aniket was to return home from work at 07:00 pm.He could not return on time as some problem had cropped up in one machine and he was required to over stay in the company to attend the problem of machine.Aniket came back home on 12th June, 2009 at 05:00 am.He ::: Uploaded on - 08/03/2016 ::: Downloaded on - 09/03/2016 00:03:02 ::: 7 Cri.Appeals 516, 281 n 468 of 2012.odt called Mansi on her mobile at around 05:00 am.::: Uploaded on - 08/03/2016 ::: Downloaded on - 09/03/2016 00:03:02 :::receive any response from Mansi so again he phoned her.He thought that Mansi might be fast asleep and her mobile battery might have discharged.So instead of disturbing Mansi he went to the house of his friend Vivek Agrawal who was residing in Bhagyanagar at Aurangabad.Till 09:00 am to 09:30 am Aniket slept at the house of his friend.By that time Vivek had already left to his workplace.Aniket then locked the door of the house of his friend and came to his house at around 10:00 am.Aniket noticed that house was closed from inside.He knocked the door and also called his sister on phone but he did not receive any response.After few minutes as the door was not opened Aniket suspected something wrong and went down stair to the house of owner ::: Uploaded on - 08/03/2016 ::: Downloaded on - 09/03/2016 00:03:02 ::: 8 Cri.Appeals 516, 281 n 468 of 2012.odt Bankar Patil.Aniket was staying on the first floor.He informed the owner of the house that he wanted to climb from the grill of their Varandha in order to go to his house.Then he climbed the grill and went to the gallery of his flat.He noticed that door of the room attached to balcony was opened.He entered the drawing room and then to bedroom of Mansi.Aniket was shocked to see Mansi lying on the bed in injured condition.Her hands were tied with wire of headphone of mobile and legs were died with big scarf of Mansi.Aniket found bed-sheet covered around her face.He removed the bed-sheet and saw no clothes on her person.He noticed injury to her neck and profused bleeding.A screw driver and a scissor were lying there.Many articles in the house were found scattered.Appeals 516, 281 n 468 of 2012.odt Aniket.She called other neighbourers.Aniket called his friend Vivek Agrawal and Vishal for help.He asked Mr. Khadke who was providing tiffin to him and residing in the next apartment, to come with doctor immediately.Mr. Khadke then came with doctor.In the meanwhile Police were informed.Police also rushed to the house.::: Uploaded on - 08/03/2016 ::: Downloaded on - 09/03/2016 00:03:02 :::Doctor examined her and declared that she died before 3-4 hours.Aniket lodged report with the police station.Crime No.65 of 2009 was registered at Jinsi Police Station under Section 302 and 201 of the Indian Penal Code.Police took dead body in custody.It was sent for postmortem to Ghati Hospital.Before referring the dead body for postmortem, inquest Panchanama was drawn by P.S.I. Akmal in the presence of Panch witnesses.P.S.I. Akmal seized black mobile, one scarf, one T-shirt, one blood stained bracier under separate Panchanama.Inquest ::: Uploaded on - 08/03/2016 ::: Downloaded on - 09/03/2016 00:03:02 ::: 10 Cri.Appeals 516, 281 n 468 of 2012.odt Panchanama and seized articles were handed over by P.S.I. Akmal to PW-32 Investigating Officer Sopan Borse.::: Uploaded on - 08/03/2016 ::: Downloaded on - 09/03/2016 00:03:02 :::PW-32 P.I. Sopan Kisan Borse was entrusted with the investigation of crime.He visited the spot.At the time of recording scene of occurrence Panchanama, blood stained bed-sheet, scissor, screw driver, green Salvar and a nicker were seized.Photographs were taken.Statements of witnesses were recorded.On 13th June, 2009, blood sample of Mansi, pubic hair, vaginal swab preserved by Medical Officer at the time of performing postmortem, viscera and seized clothes of Mansi were sent to Forensic Science Laboratory Mumbai for analysis and DNA test to find out whether girl was ravished.During investigation supplementary statement of Aniket was recorded.In his supplementary statement Aniket informed Police that Mansi was ::: Uploaded on - 08/03/2016 ::: Downloaded on - 09/03/2016 00:03:02 ::: 11 Cri.Appeals 516, 281 n 468 of 2012.odt having a mobile phone and he did not find her mobile phone in the room.A.P.I. Gautam Patare attached to Chavni Police Station was conversant with cyber crimes.Three teams were formed for further investigation.It was revealed that Mansi had purchased mobile from Zee Corner Mobile Shop.Statements of PW-6 Sheetal Satish Sonawane friend of Mansi who accompanied her to purchase a mobile and mobile shop owner PW-18 Abdul Rauf came to be recorded.A receipt regarding purchase of mobile by Mansi was collected.A.P.I. Patare obtained information from Airtel company on the basis of IMEI number mentioned on the receipt regarding purchase of mobile.From IMEI number of mobile of Mansi, it could be revealed that said IMEI number was visible on the mobile having simcard number "9503667292".From tower location A.P.I. Patare could also know the spot from where mobile was being used.It was from hotel Pancham.::: Uploaded on - 08/03/2016 ::: Downloaded on - 09/03/2016 00:03:02 :::Appeals 516, 281 n 468 of 2012.odt x. A.P.I. Patare then visited hotel Pancham.Accused No.2 Pradip Chandaliya was present.Mobile was seized from Accused No.2 under seizure Panchanama.Accused No.2 Pradip Chandaliya was interrogated regarding possession of mobile with him.Accused No.2 informed police that his son Mayur had given a simcard to him and a customer Jawedkhan @ Tingrya gave him the mobile towards a bill of his hotel.Information in respect of mobile purchased by Mansi as per the receipt exactly tallied with the mobile seized from Accused No.2 Pradip Chandaliya.Before arrest, Investigating Officer confirmed from Jawedkhan whether he had given the mobile to Pradip Chandaliya.Jawedkhan admitted that he gave mobile to ::: Uploaded on - 08/03/2016 ::: Downloaded on - 09/03/2016 00:03:02 ::: 13 Cri.Appeals 516, 281 n 468 of 2012.odt Pradip Chandaliya.::: Uploaded on - 08/03/2016 ::: Downloaded on - 09/03/2016 00:03:02 :::After arrest Accused Jawedkhan was interrogated.During interrogation it could be revealed that gold ring of Aniket which was found missing from the house was given by Jawedkhan to Accused No.3 Ram Bodkhe against some dues which Accused Jawedkhan owed to Ram Bodkhe.Accused No.1 Jawedkhan was referred to Ghati Hospital for medical examination.Medical Officer was requested to take his blood, pubic hair, semen sample and nail clippings.Investigating Agency could recover the clothes of Jawedkhan at his instance which clothes he was wearing at the time of commission of offence.Those clothes were concealed in garbage just in front of the spot of incident.Accused No.3 Ram Bodkhe gave statement to recover gold ring received by him from Accused Jawedkhan.At the instance of Accused No.3, gold ring of Aniket was recovered from a room of electric motor near Tulsi Chambers.Its seizure Panchanama was recorded.It appears that after the incident Accused Jawedkhan changed his clothes and wore clothes of Aniket.He had shown his readiness to produce those clothes hidden in the garbage near Tapadia Natyagraha.Memorandum of Accused Jawedkhan was accordingly recorded and clothes of Aniket were recovered at the instance of Accused Jawedkhan.In the present case to prove homicidal death Prosecution has placed strong reliance on medical and circumstantial evidence.So far as factum of homicidal death is concerned, evidence of PW-25 Dr. Anand Bassaiya Mugadalimath and PW-30 Dr. Sachin Gade is important.On 12th June, 2009 Dr.Mugadalimath was attached to Forensic Science Department Government Medical College and Hospital, Aurangabad.Dead body of Mansi Deshpande was brought to the hospital by Jinsi Police.5) Stab wound over neck anteriorly over mid line irregularly slit shaped, horizontally placed of size 3.5 cm x 0.5 cm x cavity deep on approximation 3.9 cm, margin irregular, contused blood infiltrated both angles blunted.9) Two contusions over upper medial of quadrant of left breast, upper contusion have 2 arches of size 4.5 cm each with concavity downwards & distance between two arches is 2 mm.Lower contusion have single arch with concavity upwards and 5 cm long.Both contusions are reddish in colour.10) Contusions over both ala of nose, irregular in shape and reddish.11) contusions over both lips whole length, irregular in shape and reddish.12) Laceration of frenulum of upper lip, margins irregular contused & blood infiltrated.13) Two stab wounds over right side of chest laterally of size 2 cm x 1 cm x cavity deep and 4 cm x 1 cm x cavity deep, on approximation 2.4 cm and 4.4 cm in length, irregularly oval in shape, margins - irregular contused and blood infiltrated with tailing posteriorly and anterior angles rounded and both placed horizontally.Direction of stab wound - Anteriorly downwards.19) Two stab wounds over left gluteal region laterally of size 0.5 cm x 0.5 cm x cavity deep and 0.2 cm x 0.2 cm x cavity deep, separated by 0.3 cm, irregularly oval, on approximation 0.8 cm x 0.3 cm in length, margins irregular, contused and blood infiltrated, both angles blunted.On dissection tract of stab wound - skin - subcutaneous tissue.Direction of stab wound - Anteriorly downwards.20) Two stab wounds over left gluteal region ::: Uploaded on - 08/03/2016 ::: Downloaded on - 09/03/2016 00:03:02 ::: 22 Cri.No evidence of fractures of Hyoid bone.No evidence of fractures to cricoid and thyroid lactilages except stab injury as mentioned in injury no. (5).On internal examination and dissection of neck, doctors found evidence of haemorrhage in all strap muscles.Petechial haemorrhage above and below Epiglottis and larynx was noticed.Appeals 516, 281 n 468 of 2012.odt Hymenal remnants seen at places.There was loss of rugosity of vaginal wall.There was also found contusion on the vaginal wall anteriorly lower 1/3rd reddish in colour.On internal examination they noticed as follows -"Uterus of size - 6 cm x 4 cm x 2.5 cm of weight 50 grams.On opening blood clots seen.Cervix closed transversly slit like.Ovaries and fallopian tubes normal."The entire evidence of Dr. Mugadalimath and Dr.Mugadalimath, could not bring on record anything adverse affecting the reliability of medical evidence.In addition to medical evidence, prosecution has relied upon uncontroverted inquest panchanama (Exhibit 31), photographs (Exhibits 35/1 to 35/5) of the spot taken by PW-3 Baburao Sitaram Batade and spot panchanama (Exhibit 29).So far as inquest panchanama is concerned, PW-32 P.I. Borse deposed that P.S.I. Akmal had drawn inquest Panchanama (Exhibit 31) and seized various articles from the spot vide seizure Panchanama (Exhibit 30).In respect of photographs, evidence of PW-3 Baburao Sitaram Batade would be relevant.Baburao Batade (PW-3) was running Paras Photo Studio at Kailashnagar, Aurangabad.She answered her examination and being holidays was staying alone when Aniket was attending his office.It is stated by Aniket that on 11th June, 2009 at around 09:00 am he left for the office.Mansi was alone in the house.He was to return home at about 07:00 pm.Due to some problem in a machine, he was required to over stay and came home at around 05:00 am on the next day.Before coming home Aniket called Mansi on her mobile phone.The mobile was switched off.After reaching home he knocked the door for 5 to 10 minutes.Thinking that Mansi might be fast asleep he went to the house of his friend Vivek in Bhagyanagar at Aurangabad and slept there.He woke up at 09:00 to 09:30 am.By that time Vivek had already left for the work.He locked the door of the house of Vivek and came to ::: Uploaded on - 08/03/2016 ::: Downloaded on - 09/03/2016 00:03:02 ::: 28 Cri.The flat of Aniket was on the first floor.He came down stair to the house of owner Bankar Patil and told him that he has to enter his house by climbing the grill of their Varandha.Then he climbed the grill and went to the gallery of his flat.He saw door of room of balcony opened.Then he entered the drawing hall and bedroom of Mansi.He found that hands of Mansi were tied with wire of headphone of mobile.Her legs were tied with a big scarf.Her face was covered with a bed-sheet.He removed bed-sheet and saw that body of Mansi was stiff and she was not talking.No clothes were found on her body.He also saw injury to her neck and profused bleeding.Many articles in the house were lying scattered.A screw driver and scissor were lying there.He got frightened and immediately rushed to neighbourer Mrs. Soni.Aniket then states that Mrs.Soni accompanied him.After seeing Mansi she started calling Mrs. Bankar.Aniket phoned his friends Vivek and Vishal for help.He requested Mr. ::: Uploaded on - 08/03/2016 ::: Downloaded on - 09/03/2016 00:03:02 ::: 29 Cri.Appeals 516, 281 n 468 of 2012.odt Khadke residing in front of the house and who was providing tiffin to them to call the doctor immediately.Mr. Khadke came with doctor within 10 minutes.Police also reached the spot.Doctor examined Mansi and declared her dead.Vivek Agrawal was serving in Sterlight Company, MIDC Waluj, Aurangabad as Deputy Manager.Complainant Aniket was serving in the same company.It appears from the evidence of PW-1 Vivek that on 11 th June, 2009 he had been to company in the morning.Aniket also joined duty at about 09:30 am.It is further stated by PW-1 Vivek that on the next day at around 05:30 am Aniket rang the door bell of his house.He opened the door.Thereafter, Aniket went to sleep in a room.PW-1 Vivek also went to sleep in his room.According to Vivek at around 08:45 am he left the home for office.That time Aniket was sleeping.At 09:30 am he received phone call from Aniket informing that his sister Mansi was raped.PW-1 Vivek then rushed to the house of Aniket.He saw people gathered near his house.He also saw that both the hands of Mansi were tied with wire of headphone and legs were tied with clothes.Many household articles were lying scattered in the room.Appeals 516, 281 n 468 of 2012.odt She stated that on 12th June, 2009 at around 09:00 am she heard that Mansi was murdered.She had gone to the house of Mansi and learnt that mobile phone, gold ring, cash and pant of brother of Mansi were stolen.Mansi was student.From the evidence of PW-2 Vaishali it can be seen that Aniket and Mansi only two persons were residing in the house and incident of theft and murder had taken place.This witness was not cross-examined by the Accused.Next important witness is PW-4 Shanta Rameshwar Soni to whom Aniket had rushed for help after seeing Mansi lying injured in pool of blood.According to PW-4 Shanta Soni on 12 th June, 2009 at around 05:30 am she opened the door of her house.She saw Aniket knocking the door of his house.She asked Aniket not to knock the door as his sister would get up.Aniket told PW-4 Mrs. Soni that he returned home after attending night duty in the office.PW-4 Mrs. Soni told Aniket that he should wait for some time as Mansi might be sleeping.She asked Aniket to sit in her house and went for plucking flowers.PW-4 Mrs. Soni stated that when she returned after collecting flowers she saw that Aniket was not in her house.It is then stated by PW-4 Mrs. Soni that at about 11:25 am again Aniket came and knocked the door of her house.She opened the door.Aniket asked her to come to his house and see whether his sister Mansi is alive or not.PW-4 Mrs. Soni accompanied Aniket.She went to his house.She saw that hands and legs of Mansi were tied.Blood was oozing from her mouth.She checked her veins and pulse and then called Bankar Patil from the gallery of house.(I) (a) Recovery of mobile of Mansi from AccusedAs stated by Investigating Officer, P.I. Borse (PW-32) on 19th June, 2009 supplementary statement of Aniket was recorded.From the supplementary statement it was revealed that Mansi had purchased a mobile of Sony Erikson company.The ::: Uploaded on - 08/03/2016 ::: Downloaded on - 09/03/2016 00:03:03 ::: 38 Cri.Appeals 516, 281 n 468 of 2012.odt statements of shop owner and salesman of mobile shop came to be recorded and receipt of purchase of mobile Exhibit 39 was collected.On recovery of mobile of Mansi, prosecution examined PW-7 complainant Aniket, PW-6 Sheetal Sonawane, PW-11 Amirkhan - a Panch, PW-16 Mohammed Mubin - a witness on test identification parade in respect of mobile handset of Mansi, PW-18 Abdul Rauf - owner of mobile shop, PW-19 Ravindra Bahule - a police constable in the team of detection of stolen mobile, PW-20 A.P.I. Gautam Patare and PW-24 Shaikh Nadeem - a salesman at the mobile shop.34. PW-6 Sheetal Satish Sonawane was college mate of Mansi.They were studying in MGM college in I st year B.C.S. and were together in one class since XIIth standard.Mansi was her best friend.She stated that Mansi was calm and quiet.Mansi told her that her marriage was arranged with Dinesh residing in America.Appeals 516, 281 n 468 of 2012.odtAccording to Sheetal in 2009 Mansi called her on phone and told her that she wanted to purchase a mobile phone.This happened before 15 days of incident.Sheetal stated that both then went to Nirala Bazaar, 'Z' Corner at Aurangabad.Sheetal identified receipt Exhibit 39 and mobile phone seized in the crime from Accused No.2 Pradip Chandaliya as the same mobile which was purchased by Mansi.Witness Sheetal has not been cross-examined by Accused persons.Prosecution had examined PW-11 Amirkhan a Panch on seizure of mobile from Accused No.2 Pradip Chandaliya, but this witness did not support the prosecution and his evidence needs to be kept out of consideration.Another witness Assistant Police Inspector Gautam Keshav Patare (PW-20) was attached to Jinsi Police Station at the relevant time.He conducted investigation in the case.On 21st June, 2009, A.P.I. Patare received information that stolen mobile ::: Uploaded on - 08/03/2016 ::: Downloaded on - 09/03/2016 00:03:03 ::: 40 Cri.The next witness Shaikh Nadeem Sk.Saleem (PW-24) was a salesman working at Zee Corner mobile shop.He stated that on 28th June, 2009 at 06:30 pm owner of the shop Abdul Rauf called him on phone and asked him to attend Jinsi Police Station.He went to Jinsi Police Station.Police had shown him a photograph of a girl who came to purchase mobile from their shop.He identified the photograph as of the same girl who purchased mobile from their shop.He also identified the receipt regarding purchase of mobile which bears his signature.According to this witness receipt Exhibit 39 and mobile article 25 were the same.He states that mobile was purchased by Mansi Deshpande a girl in the photograph.Mr. Datta Narhari Bharaskar (PW-22) was Naib Tahsildar attached to Tahsil Office, Aurangabad.On 28th June, 2009, letter Exhibit 90 was received by him from P.I. Borse of Jinsi Police Station for conducting identification parade of Muddemal.The evidence of this witness shows that he conducted identification parade in respect of gold ring, clothes and mobile.The evidence of Naib Tahsildar is corroborated by PW-16 Mohammed Mubin Mohammad Abbas.The other important witnesses on recovery of mobile are PW-31 Ganesh Pawar and PW-33 Sachin Bhadange.PW-31 Ganesh Ramrao Pawar was serving in Bharti Air-Tel company as Nodal Officer.The company was providing mobile services to customer.It is stated by Ganesh Pawar that on 2nd July, 2009, Aurangabad Police demanded certain information on E-mail.He stated that IMEI number is of 15 digits.Last digit '0' is common in all IMEI number, whereas first fourteen digits are unique.Information regarding IMEI number was also given to Police by them.It was a computerized information.Mobile call details Exhibit 131, certificate thereon Exhibit 132 and certificate regarding information of mobile Exhibit 130 have been proved by this witness.(PW-33) Sachin Shantaram Bhadange was a Nodal Officer in Vodafone company.He stated that mobile No.9764079190 was of their company.Last call from said mobile was made on 12th June, 2009 at 01:54 hours.He stated that after ::: Uploaded on - 08/03/2016 ::: Downloaded on - 09/03/2016 00:03:03 ::: 45 Cri.Appeals 516, 281 n 468 of 2012.odt 12th June, 2009, no telephone call was made from said mobile.::: Uploaded on - 08/03/2016 ::: Downloaded on - 09/03/2016 00:03:03 :::It can be further seen from the evidence of A.P.I.Patare that before arrest he interrogated Pradip Chandaliya regarding possession of mobile and Pradip Chandaliya disclosed to him that mobile was given to him by his customer Jawedkhan i.e. Accused No.1 towards payment against the bill of hotel.Through the evidence of above witnesses, prosecution could establish beyond reasonable doubt that -(i) Mobile recovered from Accused No.2 Pradip Chandaliya belonged to deceased Mansi.(ii) The said mobile identified at article 25 was given by Accused No.1 Jawedkhan to Accused No.2 Pradip Chandaliya towards the payment against hotel bill.The testimony of Damodhar thus inspires confidence.The next witness on recovery of gold ring is PW-29 Ashok Kesharlal Chopra, Manager working in the shop of R.C.Bafna.This witness was examined to show that PW-8 Damodhar had purchased gold ring from the shop of R.C.Bafna.Appeals 516, 281 n 468 of 2012.odt from the shop.He identified gold ring article 26 as the same ring sold from their shop.The evidence of PW-29 Ashok could not be shattered in the cross-examination.He showed his readiness to produce gold ring.Memorandum of Accused Ram Bodkhe was recorded vide Exhibit 64 in the presence of Panch witnesses.Then at the instance of Accused Ram Bodkhe gold ring was recovered from the room of electric motor in Tulsi Chambers.The gold ring was kept below a brick in the room.Borse has duly proved recovery Panchanama of gold ring and identified the gold ring article 26 as the same ring recovered on the basis of information given by Accused Ram Bodkhe.It is pertinent to note that test identification parade was conducted by PW-22 Naib Tahsildar in respect of gold ring and Aniket identified gold ring Exhibit 26 as the same ring which was gifted by his friend Damodhar.He too supports the identification of gold ring by Aniket at the time of test identification before Executive Magistrate.(IV) Recovery of blood stained clothes of Accused No.1 at his instance.It is the case of prosecution that on 23 rd June, 2009 Accused No.1 Jawedkhan made a memorandum to discover his clothes concealed in garbage in front of the building in which incident took place.PW-15 Asif Mohammad Akbar was the Panch witness on recovery of clothes of Accused No.1 Jawedkhan.It is stated by Asif that in his presence Accused Jawedkhan had shown his readiness to discover the clothes which he was wearing at the time of incident.Memorandum Exhibit 61 was drawn in his presence.At the instance of Accused No.1 Jawedkhan his blood stained clothes were recovered from the heap of waste material.Discovery Panchanama was recorded vide Exhibit 62 in the presence of PW-15 Asif by PW-32 P.I. Borse.It further appears from the evidence of Investigating Officer that seized clothes of Accused No.1 Jawedkhan were sent for chemical analysis.The blood sample of Mansi was also sent for chemical analysis to find out the blood group of the deceased.C.A. report Exhibit 119 shows that blood group of deceased was AB.Another C.A. report Exhibit 117 indicates that T-shirt of Accused Jawedkhan was having blood stains of blood group AB.Accused Jawedkhan was also sent for medical examination after his arrest.PW-21 Dr.She was Casualty Medical Officer at Ghati Hospital at the relevant time.The evidence of Medical Officer shows that blood sample of Accused was collected and it was sent for DNA and chemical examination.It can be seen from C.A. report Exhibit 115 that on examination blood group of Accused Jawedkhan was found as A.The blood stains found on the shirt of Accused Jawedkhan were of blood group AB which was the blood group of the deceased.Since no plausible explanation is coming forth from the side of Accused No.1 we have no hesitation to rely upon this circumstance too.It was revealed during investigation that Accused Jawedkhan had changed his clothes after the incident and put on the clothes of complainant Aniket.The clothes of Aniket were recovered at the instance of Accused Jawedkhan.On 24th June, 2009 during interrogation Accused Jawedkhan had shown his readiness to produce the clothes of Aniket hidden below garbage near Tapadiya Natya Graha.As per memorandum accused led the police and Panch witnesses to the place where clothes of Aniket were kept concealed in garbage near Tapadiya Natya Graha.In pursuance to the information given by Accused Jawedkhan clothes of Aniket were recovered ::: Uploaded on - 08/03/2016 ::: Downloaded on - 09/03/2016 00:03:03 ::: 56 Cri.The clothes of Aniket were also sent for chemical analysis.No blood stains were found on the clothes of complainant.The blood stains which were found were only on the shirt of Accused Jawedkhan.During test identification parade Aniket identified the clothes recovered at the instance of Accused Jawedkhan as the clothes belonging to him (Aniket).This is another clinching circumstance to indicate that Accused Jawedkhan after the incident had changed his clothes and wore the clothes of Aniket which were available in the house.(VI) Medical evidence showing that girl was forcibly raped and then done to death.The evidence of Medical Officer Dr.Mugadalimath (PW-25) and Dr. Sachin Gadge (PW-30) has been elaborately discussed herein above.By the said judgment and order Accused No.1 Jawedkhan, Accused No.2 Pradip Chandaliya and Accused No.3 Ram Bodkhe were convicted and sentenced for various offences as under :Accused No.1 Jawedkhan :of Rs.300/- in default Simple Imprisonment for ten days.457 Rigorous Imprisonment for three years and fine of Rs.300/- in default Simple Imprisonment for ten days.458 Rigorous Imprisonment for three years and fine of Rs.300/- in default Simple Imprisonment for ten days.::: Uploaded on - 08/03/2016 ::: Downloaded on - 09/03/2016 00:03:02 :::default Simple Imprisonment for ten days.376 Rigorous Imprisonment for ten years and fine of Rs.300/- in default Simple Imprisonment for ten days.201 Rigorous Imprisonment for one year and fine of Rs.300/- in default Simple Imprisonment for ig ten days.Accused No.2 Pradip Chandaliya :::: Uploaded on - 08/03/2016 ::: Downloaded on - 09/03/2016 00:03:02 :::Learned Additional Sessions Judge found that Accused were not guilty of some of the offences alleged against them and accordingly acquitted the Accused as under :Criminal Appeal No.281 of 2012 is by the State of Maharashtra for enhancement of sentence awarded by the Trial Court.Criminal Appeal No.468 of 2012 is also by the State of Maharashtra against the order of acquittal.The instant case reveals a sordid story in which the alleged brutal sexual assault on a young helpless girl followed by merciless murder by dastardly act of the Accused is said to have been committed.Most disgusting feature is that an innocent college going girl of 21 year fell a prey to the unbridled lust of the Accused.The story sends shocking waves to everyone having slighted sense of human value and dignity.::: Uploaded on - 08/03/2016 ::: Downloaded on - 09/03/2016 00:03:02 :::Appeals 516, 281 n 468 of 2012.odt::: Uploaded on - 08/03/2016 ::: Downloaded on - 09/03/2016 00:03:02 :::v. Aniket was frightened and immediately rushed to his neighbour Mrs.Soni.Soni accompanied ::: Uploaded on - 08/03/2016 ::: Downloaded on - 09/03/2016 00:03:02 ::: 9 Cri.::: Uploaded on - 08/03/2016 ::: Downloaded on - 09/03/2016 00:03:02 :::The shirt of Accused Jawedkhan was stained with ::: Uploaded on - 08/03/2016 ::: Downloaded on - 09/03/2016 00:03:02 ::: 14 Cri.Appeals 516, 281 n 468 of 2012.odt blood.::: Uploaded on - 08/03/2016 ::: Downloaded on - 09/03/2016 00:03:02 :::Investigating Agency then forwarded clothes of Accused Jawedkhan and clothes of Aniket recovered at the instance of Accused No.1 to Forensic Science Laboratory for analysis.::: Uploaded on - 08/03/2016 ::: Downloaded on - 09/03/2016 00:03:02 :::Appeals 516, 281 n 468 of 2012.odt xvii.On 25th June, 2009, original simcard of Vodafone company which was in the mobile of Mansi was recovered from the shutter of godown of Tulsi Chamber at the instance of Accused Jawedkhan.Identification parade in respect of gold ring and clothes of Aniket was held before the Executive Magistrate.Aniket identified that gold wring and clothes were belonging to him.An opinion was also sought from Medical Officer Ghati whether Accused Jawedkhan was capable to perform sexual intercourse or not.Several witnesses were examined in the course of investigation.After completing investigation charge-sheet was submitted to the concerned Magistrate who committed the case for trial to the Court of Sessions.Their defence was of total denial.::: Uploaded on - 08/03/2016 ::: Downloaded on - 09/03/2016 00:03:02 :::Appeals 516, 281 n 468 of 2012.odtProsecution examined in all 33 witnesses during trial.After going through the evidence adduced in the case, the learned Additional Sessions Judge convicted and sentenced the Accused and also acquitted in respect of some of the offences as stated in paras 1 and 2 above.We have heard the learned counsel for parties in extenso.With the assistance of the learned counsel for parties, we have carefully gone through the evidence of prosecution witnesses.After giving our anxious consideration to the facts and circumstances of the case, arguments advanced by the learned advocates for parties, reasonings recorded by Trial Court and the evidence on record, for the reasons stated below we are of the opinion that the judgment and order of conviction and sentence recorded by the Trial Court against the Accused in respect of various offences as stated in paragraph No.1 above, except sentence awarded for the offence punishable under Section 302 of the Indian Penal Code is just and proper and needs to be upheld.So far as order of sentence in respect of offence punishable under Section 302 of the Indian Penal Code is concerned, we find that in the facts and circumstances of the case ::: Uploaded on - 08/03/2016 ::: Downloaded on - 09/03/2016 00:03:02 ::: 17 Cri.Appeals 516, 281 n 468 of 2012.odt life imprisonment imposed by the Trial Court would be an inadequate sentence and capital punishment is the only punishment which is adequate punishment.::: Uploaded on - 08/03/2016 ::: Downloaded on - 09/03/2016 00:03:02 :::Dr. Mugadalimath stated that history of alleged assault was given by police in the inquest Panchanama.Dead body was identified by Aniket Deshpande brother of Mansi.::: Uploaded on - 08/03/2016 ::: Downloaded on - 09/03/2016 00:03:02 :::Appeals 516, 281 n 468 of 2012.odt On external examination the team performing postmortem including Dr. Mugadalimath noticed the following injuries -1) Crescentic abrasion over lower part of cheek with concavity anteriorly right side of size 3 cm, reddish in colour.2) Two linear scratch abrasion over lower part of cheek right side of size 7 cm and separated by 0.2 cm anteriorly and 0.5 cm posteriorly and reddish in colour.3) Three crescentic abrasions over mandibular area right side of size 4 cm, 4.5 cm and 5 cm each, 5 cm, 5.5 cm and 6 cm.below and lateral to chin with concavity downwards reddish in colour.4) Two crescentic abrasions over right side of neck of size 2 cm and 3 cm with concavity backward and 5.5 cm and 6 cm below and forward to right mastoid, reddish in colour.Stab wound in 10 cm from chin and 8 cm from supra sternal notch.On dissection tract of stab wound - skin - subcutaneous tissue - platysma - deep cervical fascia - thyroid cartilage - vocal cord - left carotid sheath - Left common carotid artery - left ::: Uploaded on - 08/03/2016 ::: Downloaded on - 09/03/2016 00:03:02 ::: 19 Cri.Appeals 516, 281 n 468 of 2012.odt internal jugular vein.::: Uploaded on - 08/03/2016 ::: Downloaded on - 09/03/2016 00:03:02 :::Direction of stab wound - backwards -downwards - laterally.6) Stab wound over neck anteriorly over midline, irregularly oval in shape, horizontally placed of size 3 cm x 0.5 cm x cavity deep on approximation 3.4 cm in length, margin irregular, contused and blood infiltrated and both angles blunted.Stab wound is 13 cm fr