Case Note & Summary
The Supreme Court dealt with appeals concerning the gruesome murder of a minor girl with intellectual disability, where the appellant, Shankar Kisanrao Khade, was sentenced to death by the High Court of Bombay. The appellant and his wife were charged with multiple offences under the Indian Penal Code, including kidnapping, rape, and murder. The deceased, aged approximately 11 years, was living with her grandmother when she was lured away by the accused on 20.07.2006. The prosecution established that the accused had taken the girl to various locations, where she was repeatedly raped before being murdered. The evidence included testimonies from witnesses who saw the accused with the girl and medical reports confirming the cause of death as asphyxia due to strangulation. The Sessions Court convicted the first accused and sentenced him to death, which was confirmed by the High Court. The appeals were primarily focused on the sustainability of the death sentence and whether the case fell under the rarest of rare category. The court analyzed the evidence, including the last seen theory and the medical findings, concluding that the prosecution had proven its case beyond reasonable doubt. The court emphasized the heinous nature of the crime and the vulnerability of the victim, ultimately upholding the death sentence as justified under the circumstances.
Headnote
A) Criminal Law - Capital Punishment - Rarest of Rare Cases - Death sentence confirmed for heinous crime against minor - Code of Criminal Procedure, 1973, Section 354 - The court determined that the brutal rape and murder of a minor girl constituted a rarest of rare case justifying capital punishment, considering the nature of the crime and the vulnerability of the victim. Held that the death penalty was warranted (Paras 19-22).
Issue of Consideration
Whether the death sentence awarded to Shankar Kisanrao Khade is sustainable and whether the case falls under the category of rarest of rare cases warranting capital punishment.
Final Decision
The Supreme Court upheld the death sentence awarded to Shankar Kisanrao Khade, confirming that the case fell within the category of rarest of rare cases due to the heinous nature of the crime against a vulnerable victim.
Law Points
- capital punishment
- rarest of rare cases
- circumstantial evidence
- last seen theory
- evidentiary standards
