Case Note & Summary
The case pertains to the rape and murder of a 16-year-old girl on 5th September 2013. The victim, a student of ITI, was last seen by her mother at Asangaon Railway Station at 5:45 a.m. The accused, Ashok Baban Mukane, a neighbor, was seen with the victim near the railway station. The victim's body was found in a sugarcane field with injuries. The prosecution relied on circumstantial evidence including last seen evidence, DNA matching of the accused's semen with the vaginal swab of the victim, recovery of the victim's belongings from the accused, and a dying declaration recorded by a Special Executive Magistrate. The trial court convicted the accused under Sections 376 and 302 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012, and sentenced him to death for murder and life imprisonment for rape. The High Court, in confirmation proceedings and appeal, upheld the conviction and confirmed the death sentence, holding that the case falls within the rarest of rare category due to the brutal nature of the crime and the young age of the victim.
Headnote
A) Criminal Law - Rape and Murder - Circumstantial Evidence - Last Seen Theory - The prosecution relied on circumstantial evidence including last seen evidence, DNA matching, and recovery of articles - The court held that the chain of circumstances was complete and pointed only to the guilt of the accused - Conviction under Sections 376 and 302 IPC and Section 6 POCSO Act upheld (Paras 1-56).
B) Evidence Law - Dying Declaration - Admissibility - The victim's dying declaration recorded by a Special Executive Magistrate was held to be voluntary and reliable - The court held that the dying declaration can be the sole basis for conviction if it inspires confidence (Paras 20-25).
C) Sentencing - Death Sentence - Rarest of Rare Cases - The court confirmed the death sentence for murder of a minor after rape, considering the brutal nature of the crime and the young age of the victim - Held that the case falls within the rarest of rare category (Paras 50-56).
Issue of Consideration
Whether the conviction and sentence of death for murder and life imprisonment for rape under Sections 376 and 302 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012, based on circumstantial evidence, is sustainable and whether the death sentence warrants confirmation.
Final Decision
The High Court dismissed the appeal and confirmed the death sentence awarded by the trial court. The conviction under Sections 376 and 302 IPC and Section 6 POCSO Act was upheld.
Law Points
- Rape and murder of a minor
- circumstantial evidence
- last seen theory
- DNA evidence
- dying declaration
- Section 376 IPC
- Section 302 IPC
- Section 6 POCSO Act
- Section 366 CrPC
- confirmation of death sentence
- rarest of rare doctrine
Case Details
2022 LawText (BOM) (02) 63
Criminal Confirmation Case No.3 of 2019 with Criminal Appeal No.586 of 2019
Smt. Sadhana S. Jadhav, Prithviraj K. Chavan
Ms. Veera Shinde, A.P.P. for Appellant-State in Confirmation Case; Mr. Shashikant Chaudhari, appointed Advocate a/w Ms. Snehal S. Chaudhari, Mr. Pranot Pawar and Mr. Gyanprakash R. Pal for Respondent in Confirmation Case and for Appellant in Criminal Appeal; Mr. R.S. Kshirsagar, A.P.I. Shahapur Police Station
The State of Maharashtra (in Confirmation Case) / Ashok Baban Mukane (in Criminal Appeal)
Ashok Baban Mukane (in Confirmation Case) / The State of Maharashtra (in Criminal Appeal)
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Nature of Litigation
Confirmation of death sentence and appeal against conviction for rape and murder
Remedy Sought
Confirmation of death sentence by the State; acquittal by the accused-appellant
Filing Reason
Trial court awarded death sentence for murder and life imprisonment for rape; confirmation required under Section 366 CrPC; accused appealed against conviction
Previous Decisions
Trial court convicted accused under Sections 376 and 302 IPC and Section 6 POCSO Act, sentenced to death and life imprisonment
Issues
Whether the conviction based on circumstantial evidence is sustainable
Whether the death sentence is appropriate in the rarest of rare category
Submissions/Arguments
Prosecution argued that the chain of circumstances including last seen, DNA evidence, and dying declaration proved guilt beyond reasonable doubt
Defense argued that the evidence was insufficient and the dying declaration was unreliable
Ratio Decidendi
The court held that the circumstantial evidence, particularly the last seen theory, DNA matching, and dying declaration, formed a complete chain pointing to the guilt of the accused. The case falls within the rarest of rare category warranting death sentence due to the brutal nature of the crime and the young age of the victim.
Judgment Excerpts
The learned Additional Sessions Judge, Kalyan had submitted the proceeding to this Court for confirmation of the sentence of death awarded by him in Sessions Case No.47 of 2014 on 6th March, 2019 under section 366 of the Code of Criminal Procedure.
The victim was prosecuting her studies in Tool Mechanic Course in ITI.
Procedural History
The trial court (Additional Sessions Judge, Kalyan) convicted the accused in Sessions Case No.47 of 2014 on 6th March 2019, awarding death sentence for murder and life imprisonment for rape. The proceeding was submitted to the High Court for confirmation under Section 366 CrPC. The accused also filed an appeal against conviction. The High Court heard both matters together and pronounced judgment on 23rd February 2022.
Acts & Sections
- Indian Penal Code, 1860: 376, 302
- Code of Criminal Procedure, 1973: 366
- Protection of Children from Sexual Offences Act, 2012: 6
