Case Note & Summary
The appellant, Nitin Aganda Lade, was convicted by the Additional Sessions Judge, Karad, for the murder of his 2½-year-old nephew, Prajwal, under Section 302 of the Indian Penal Code (IPC). The prosecution alleged that on 27 October 2011, between 11:00 a.m. and 11:30 a.m., the appellant took the child from the courtyard and later the child was found dead in a well due to drowning. The case was based on circumstantial evidence, primarily the last seen theory. The appellant appealed to the Bombay High Court against his conviction and life sentence. The High Court, after examining the evidence, found that the prosecution's case was not proved beyond reasonable doubt. The court noted that the testimony of PW-6 (the mother) regarding the last seen was inconsistent and not corroborated by other witnesses. PW-5 (the father) admitted that he did not see the appellant with the child. The court also observed that the appellant's statement under Section 313 of the Criminal Procedure Code (CrPC) denying the allegations was not proven false by the prosecution. The court held that the chain of circumstances was incomplete and the conviction was unsustainable. Consequently, the appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted. The court directed that the appellant be released forthwith unless required in any other case.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Last Seen Theory - Section 302 Indian Penal Code, 1860 - Section 106 Indian Evidence Act, 1872 - The appellant was convicted for murder of a child based on circumstantial evidence, primarily the last seen theory. The court held that the prosecution failed to prove the chain of circumstances conclusively, as the last seen evidence was unreliable and the appellant's explanation under Section 313 CrPC was not false. The conviction was set aside and the appellant was acquitted. (Paras 1-9) B) Criminal Law - Appreciation of Evidence - Last Seen Theory - Section 302 Indian Penal Code, 1860 - The court examined the evidence of PW-6 (mother) and PW-5 (father) regarding the last seen theory. The mother's testimony that she saw the appellant taking the child was inconsistent and not corroborated. The father's testimony was hearsay. The court held that the last seen theory was not established beyond reasonable doubt. (Paras 5-7) C) Criminal Law - Examination of Accused - Section 313 Criminal Procedure Code, 1973 - The appellant in his statement under Section 313 CrPC denied the allegations and stated that he was not present at the scene. The court held that the prosecution failed to prove that the appellant's explanation was false, and the burden under Section 106 Evidence Act was not discharged. (Para 8)
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code for the murder of a 2½-year-old child by drowning is sustainable based on circumstantial evidence and the last seen theory.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted. Directed to be released forthwith unless required in any other case.
Law Points
- Circumstantial evidence
- last seen theory
- burden of proof
- presumption of innocence
- Section 302 IPC
- Section 106 Indian Evidence Act
