Nagpur: Two inmates who were distributed by the death penalty for raping a little girl to get life in prison, without remissions, on Tuesday because the Nagpur bench from the Bombay High Court refused their appeal but featured the death penalty.
Sagar Bornkar who was accused and Nikhil was sentenced to hangers by the Bulldhana session on August 13 last year to exploit a nine-year-old girl on April 26, 2019.
Both were punished under section 363, 376 (2), 376 (2) (m), 376 (db), 506 read with part 34 IPC along with section 6 protection of children from the sexual law (Pocso), 2012.
They were awarded capital punishment by the Special Pocso Court under Section 376 (DB).
“Given the law stipulated by the Supreme Court, the death penalty is not the only penalty for violations below section 376 (dB).
This states that on previous occasions also, the defendant must be punished for vile violations, which is not this case,” the division bench said consisting of justice Vinay Deshpande and Justice Amit Bornar.
“We have noted that there is no evidence recorded by prosecution to show that the defendant is a threat to the community.
We find ourselves disagree with the death penalty worn by a special judge,” said the judges.
According to prosecution, complainants, working as Coolie, were sleeping under a tin warehouse where he used to live with his family consisting of his wife and three daughters in Chikhli in Buldhana.
On April 26, 2019, when the family was sleeping, the Duo defendant arrived at a place in two-wheeled vehicles and liquor consumed.
They left the place after some time.
When the complaintion woke up again, he was stunned to see that his oldest daughter was gone.
He and his wife then began looking for it in the nearest area.
During the search, they saw their daughter walk alone and cried on the road near Moon Baba Sansthan.
The girl tells his trials about how the two young men forcibly took him to their vehicles to remote areas, and took turns to rape him.
Based on his father’s complaint, the duo was arrested and tried.
Survivor’s medical report confirmed their cruel actions.
Based on the evidence and testimony of witnesses, the court session gave the death penalty to the defendant, which they challenge in HC through Counsels Rajendra Daga and AA Dhawas.
The police also approached HC to confirm the death penalty through Sanjay Doifode’s advice.