In Dongrale case, court calls reports on mitigating and aggravating circumstances to decide life or death sentence

September 30, 2026 3 Min Read

An Additional Sessions Court in Malegaon earlier today reserved its order on October 7 for deciding the quantum of punishment in the inhuman Dongrale case that had shaken the conscience of the nation to its core. In November 2025, the brutal rape and subsequent murder of a 3-year old girl had shocked the Dongrale village.

In the aftermath of the incident, violent protests had erupted in Malegaon and adjoining areas with people, irrespective of their caste or religion, taking to the streets pressing for instant justice for the minor girl and her family. Since then, they have been demanding capital punishment for the accused.

Earlier in the day, the court of Additional Sessions Judge K G Paldewar told the accused Shekhar alias Vijay Khairnar, who was present via a video conference from the Nashik Central Jail, that all the charges against him stand proven. The LADC of the accused Adv Nilesh Rathi was also present via a video conference.

“This court comes to conclusion that prosecution has brought home all the charges against the accused. The offences proved against the accused include punishment of imprisonment for life or death,” the court pronounced.

However the court observed that when the offence attracting death penalty stands proven against the accused, as per the directions of the Hon’ble Supreme Court, once the accused is convicted calling reports pertaining to the mitigating and aggravating circumstances is mandatory to determine the quantum of sentence.

Today, we moved an application before the court pleading for calling of detailed reports of Psychiatrist at Civil Hospital Nashik, Superintendent of Jail – Nashik Road Central Prison and the Probation Officer. As the charges of rape and murder against the accused stand proven, seeking these reports is mandatory under the law of the land as these background reports will assist the court in deciding the quantum of sentence, Special Public Prosecutor, Adv Ujjwal Nikam

The accused has been found guilty of offences punishable under Sections 137 (2), 64 (1), 64 (2) (I), 65 (2), 66, 103 (1), 238 (A) of the Bharatiya Nyaya Sanhita (BNS) 2023 read with Sections 4 and 6 of the Protection of Children from Sexual Offences (POCSO) Act , 2012, the court observed. In compliance with the Hon’ble Apex Court’s directions, the Special Public Prosecutor Ujjwal Nikam today moved an application pleading the court to call in reports of Witness No 1 – Psychiatrist at Civil Hospital Nashik, Witness No 02 – Superintendent of Jail, Nashik Road Central Prison, and Witness No 03 – The Probation Officer.

From the psychiatrist, the court has sought a detailed report for determining “whether there exists any probability and possibility of reformation of accused, a factor relevant to decide whether a lesser sentence ought to be awarded”. From the jail superintendent, the court has sought detailed report on the conduct and behavior of the accused in jail, after commission of the offence.

Similarly, from the Probation Officer the court has sought following details;

(a) Family background (of the accused) i.e. parents and their ages

(b) Type and level of education of the accused

(d) Occupation of the accused in village Dongrale

(e) Dependents of the accused, and whether the accused is the sole earning member of the family

(f) Antecedents/criminal history of the accused

(g) Income and nature of employment

(h) Opinion regarding the possibility of reformation and rehabilitation of the accused

“The above witnesses shall furnish the report as directed, on 07th October, 2026 with a direction to secure their presence personally or through representative,” the court concluded.

Additional Public Prosecutor Adv Sanjay Sonawane assisted the prosecution through out the trial while Adv Harshad Tiwari and Adv Sneha Sharma represented the informant. Adv Sudhakar Nikam – President of Malegaon Bar Association with other office bearers ensured the prosecution had a hassle-free trial.