Rajendra Pralhadrao Wasnik Vs. State of Maharashtra
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Head Note
Indian Penal Code,1860 - Section 376 , Section 302 , The Code of Criminal Procedure, 1973 - Section 366 , Section 368
Rape and Murder - Death sentence - Victim was aged 3 years - Last seen evidence - No eye-witnesses - Accused convicted and sentenced to death on basis of last seen evidence which was successfully proved by prosecution - Accused failed to explain circumstances - In his statement under Section 313 Criminal Procedure Code he only stated that false case was registered against him which was repelled - Held - It is very difficult to assume that as many as 13 witnesses from the same village, the Police and doctors would falsely implicate the accused - Death sentence upheld - It is not heinous simplicitor, but is a brutal and inhuman crime where a married person, aged 31 years, chooses to lure a three year old minor girl child on the pretext of buying her biscuits and then commits rape on her - All her private parts were swollen and bleeding - She was bleeding through her nose and mouth - The injuries, shows the extent of brutal sexual urge of the accused, which targeted a minor child, who still had to see the world - He went to the extent of giving bites on her chest - The pain and agony that he must have caused to the deceased minor girl is beyond imagination and is the limit of viciousness.
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