Case Note & Summary
The case pertains to the tragic death of a minor child, Miss 'X', whose decomposed body was found on 4th April 2018 in thorny bushes used for defecation. The State of Maharashtra filed a confirmation case for the death sentence awarded to the respondent-accused, Mohammad Aabed Mohammad Ajmir Shaikh, by the Additional Sessions Judge and Special Judge under POCSO Act, Thane, in Special Case (Child Protection) No. 159 of 2018, vide judgment and order dated 8th March 2019. The accused was convicted under Sections 363, 364, 366-A, 302, 201 of the Indian Penal Code (IPC) and Sections 4, 8, and 10 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. The trial court sentenced him to death for murder under Section 302 IPC and rigorous imprisonment for life for rape under Section 376(2)(i) IPC. The High Court of Bombay, comprising Justices Sadhana S. Jadhav and Prithviraj K. Chavan, heard the confirmation case. The court examined the evidence, which was largely circumstantial, and found that the prosecution failed to establish the case beyond reasonable doubt for the death penalty. The court noted that there was no direct evidence of rape or murder, and the chain of circumstances was incomplete. The accused was a young man of 20 years with no criminal antecedents, and the case did not fall within the 'rarest of rare' category. Consequently, the High Court commuted the death sentence to life imprisonment for the remainder of his natural life, while maintaining the other sentences. The court also directed that the sentences run concurrently.
Headnote
A) Criminal Law - Death Sentence - Rarest of Rare Cases - Section 302 IPC - The court examined whether the case fell within the 'rarest of rare' category for imposition of death penalty. Held that the case did not satisfy the test as there was no evidence of premeditation or intention to kill, and the accused was a young offender with no criminal antecedents. (Paras 1-69) B) Evidence Law - Circumstantial Evidence - Proof Beyond Reasonable Doubt - The court analyzed the circumstantial evidence and found gaps in the chain, including lack of direct evidence of rape and murder. Held that the prosecution failed to prove the case beyond reasonable doubt for the death penalty. (Paras 1-69) C) Criminal Law - POCSO Act - Sections 4, 8, 10 - Aggravated Sexual Assault - The court considered the conviction under POCSO Act for sexual assault of a minor. Held that the evidence was insufficient to prove penetrative sexual assault, but the accused was guilty of other offences. (Paras 1-69)
Issue of Consideration
Whether the death sentence awarded to the accused for the rape and murder of a minor child should be confirmed by the High Court, and whether the case falls within the 'rarest of rare' category.
Final Decision
The High Court commuted the death sentence to life imprisonment for the remainder of the accused's natural life, while maintaining the other sentences. The sentences were directed to run concurrently.
Law Points
- Death sentence
- Rarest of rare cases
- Circumstantial evidence
- POCSO Act
- Section 302 IPC
- Section 376 IPC
- Section 363 IPC
- Section 364 IPC
- Section 366-A IPC
- Section 201 IPC
- Section 4 POCSO
- Section 8 POCSO
- Section 10 POCSO
- Section 235(2) CrPC
- Life imprisonment
- Commutation of death sentence
