Case Note & Summary
The appellant, Pawa Ashok Malche, was convicted by the Additional Sessions Judge, Amalner, for the murder of a 9-month-old child, Komal, under Section 302 IPC, and for causing hurt and criminal intimidation under Sections 323 and 506 IPC. The prosecution case was that the appellant, who was in a relationship with the child's mother, PW-3 Alkabai, had developed hatred for the child and on 17.10.2012, while Alkabai was preparing a swing outside, the appellant took the child and threw her on a cement koba, causing fatal injuries. The trial court relied primarily on the testimony of Alkabai, the sole eyewitness. The High Court, on appeal, found that Alkabai's testimony was riddled with contradictions and inconsistencies, and that the medical evidence did not corroborate the manner of assault alleged. The court noted that the prosecution failed to examine independent witnesses and that the circumstances did not conclusively point to the appellant's guilt. Consequently, the High Court allowed the appeal, set aside the conviction, and acquitted the appellant, giving him the benefit of doubt.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Appreciation of Evidence - Conviction based on sole eyewitness testimony - Held that the testimony of PW-3 (Alkabai) was inconsistent, contradictory, and unreliable, and the medical evidence did not support the prosecution case, leading to acquittal (Paras 1-20). B) Criminal Law - Hurt and Criminal Intimidation - Sections 323 and 506 IPC - Conviction set aside - Held that the allegations of assault and threat were not proved beyond reasonable doubt due to lack of corroboration and inconsistencies (Paras 1-20).
Issue of Consideration
Whether the conviction of the appellant under Sections 302, 323, and 506 of the Indian Penal Code, 1860 is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction set aside. Appellant acquitted of all charges.
Law Points
- Appreciation of evidence
- Credibility of witnesses
- Circumstantial evidence
- Benefit of doubt
