Case Note & Summary
The appellant was convicted by the Trial Court under Sections 302 and 376 of the Indian Penal Code (IPC) for the rape and murder of a 14-year-old girl. The incident occurred on 3 November 2007 at village Rangamati, near Kali Temple, P.S. Baliapur, District Dhanbad. The deceased had gone to bathe in a village pond with the wife and daughter of her neighbour, Raju Mukherjee. When she did not return, her brother Bikash Kumar Mandal (PW-5), mother (PW-11), and Raju Mukherjee (PW-9) searched for her and saw the appellant assaulting her with a stone in a field. The appellant fled upon seeing them, and the victim was found dead with multiple injuries, her face defaced, and clothes scattered nearby. The post-mortem report revealed that the hymen was lacerated, spermatozoa was found, and the frontal bone of the skull was fractured, indicating forceful sexual assault before death. The Trial Court awarded the death penalty, which was referred to the High Court of Jharkhand for confirmation. The High Court upheld the conviction but commuted the death sentence to life imprisonment without remission, directing that the appellant remain in jail for his entire biological life without benefit of remission. The appellant appealed to the Supreme Court challenging the conviction and sentence. The Supreme Court examined the evidence, including the testimony of a child witness (PW-16), aged about 10 years, who was an eyewitness. The Court found the testimony credible and corroborated by medical evidence and other witnesses. The Court held that the chain of circumstantial evidence was complete and pointed to the appellant's guilt. However, on the question of sentence, the Court held that the case did not fall within the 'rarest of rare' category as there was no evidence of premeditation or extreme brutality beyond the norm. The Court upheld the High Court's order commuting the death sentence to life imprisonment without remission, and dismissed the appeal.
Headnote
A) Criminal Law - Rape and Murder - Rarest of Rare Doctrine - Death Sentence Commuted to Life Imprisonment Without Remission - The appellant was convicted under Sections 302 and 376 IPC for the rape and murder of a 14-year-old girl. The Trial Court awarded death sentence, which was confirmed by the High Court but commuted to life imprisonment without remission. The Supreme Court upheld the conviction but held that the case does not fall within the 'rarest of rare' category, as there was no evidence of premeditation or extreme brutality beyond the norm. The Court directed that the appellant shall serve life imprisonment for the remainder of his natural life without remission. (Paras 1-6) B) Evidence Law - Testimony of Child Witness - Credibility - The prosecution relied on the testimony of a child witness (PW-16), aged about 10 years, who was an eyewitness. The Court held that the testimony of a child witness can be relied upon if it is credible and corroborated by other evidence. In this case, the child witness's testimony was consistent and corroborated by medical evidence and other witnesses, and thus was found trustworthy. (Paras 2-4) C) Criminal Law - Circumstantial Evidence - Conviction Based on Circumstantial Evidence - The case was based on circumstantial evidence, including the last seen theory, recovery of clothes, and medical evidence. The Court held that the chain of circumstances was complete and pointed unequivocally to the guilt of the appellant. The conviction was upheld. (Paras 2-5)
Issue of Consideration
Whether the death sentence imposed on the appellant for offences under Sections 302 and 376 IPC should be confirmed or commuted, and whether the conviction is sustainable.
Final Decision
The Supreme Court dismissed the appeal, upholding the conviction under Sections 302 and 376 IPC. The Court confirmed the High Court's order commuting the death sentence to life imprisonment without remission, directing that the appellant shall remain in jail for his entire biological life without benefit of remission.
Law Points
- Rarest of rare doctrine
- Life imprisonment without remission
- Commutation of death sentence
- Circumstantial evidence
- Testimony of child witness
- Section 302 IPC
- Section 376 IPC
