Case Note & Summary
The appellant, Ravindra Anna Domale, was convicted by the learned Additional Sessions Judge, Dhule, in Sessions Case No.190/2014 on 29.04.2016 for offences punishable under Sections 302, 363, 201, and 404 of the Indian Penal Code, 1860, for the kidnapping and murder of a 7-year-old girl. The trial court acquitted him of charges under Section 376(2)(i) IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012. The prosecution case was that on 15.08.2014, the deceased girl was at home with her grandmother while her parents had gone to a medical practitioner. Around 2:00 p.m., a relative informed the father that the girl was missing. Despite searches, she could not be found. The next day, her dead body was found in a field. The appellant, a neighbor, was last seen with the deceased near the Palkhi procession. He later made extra-judicial confessions and led to the recovery of the girl's ornaments. The High Court, in appeal, examined the circumstantial evidence, including last seen evidence, recovery of ornaments, and the appellant's conduct. The court held that the chain of circumstances was complete and pointed only to the guilt of the appellant. The conviction under Sections 302, 363, 201, and 404 IPC was upheld, and the appeal was dismissed.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Last Seen Theory - Sections 302, 363, 201, 404 Indian Penal Code, 1860 - The appellant was convicted for kidnapping and murdering a 7-year-old girl and causing disappearance of evidence. The prosecution relied on last seen evidence, recovery of ornaments, and conduct of accused. The High Court held that the chain of circumstances was complete and consistent only with the guilt of the accused, and the conviction was upheld. (Paras 1-30) B) Evidence Act - Burden of Proof - Section 106 Evidence Act, 1872 - When the deceased was last seen in the company of the accused, the burden shifts to the accused to explain how the death occurred. The appellant failed to provide any explanation, leading to an inference of guilt. (Paras 15-20) C) Criminal Law - Theft - Dishonest Misappropriation - Section 404 Indian Penal Code, 1860 - Recovery of ornaments belonging to the deceased from the possession of the appellant within a short time after the murder, coupled with lack of explanation, justified conviction under Section 404 IPC. (Paras 25-28)
Issue of Consideration
Whether the conviction of the appellant under Sections 302, 363, 201, and 404 of the Indian Penal Code, 1860, based on circumstantial evidence, is sustainable.
Final Decision
The appeal is dismissed. The conviction and sentence imposed by the trial court under Sections 302, 363, 201, and 404 of the Indian Penal Code, 1860, are upheld.
Law Points
- Circumstantial evidence
- last seen theory
- presumption under Section 106 Evidence Act
- conviction based on chain of circumstances
- Section 302 IPC
- Section 363 IPC
- Section 201 IPC
- Section 404 IPC
