Case Note & Summary
The case pertains to the confirmation of a death sentence imposed by the Additional Sessions Judge at Nashik on the respondent-accused, Pappu Suresh Salve @ Sunil Bharat Jadhav, for the murder of a minor girl, Nikita. The accused was employed by the complainant, Mangesh Jadhav, who ran a hotel and video parlour. On 31 October 2003, the complainant slapped the accused for negligence in duties. That evening, the complainant's daughter Nikita went missing. A missing complaint was lodged, and later an FIR was registered on 2 November 2003, naming the accused and his wife. During investigation, a headless dead body was recovered from a well on 26 November 2003, identified as Nikita. The accused was convicted under Sections 363, 302, and 201 read with Section 34 of the Indian Penal Code, and sentenced to death. The High Court, in confirmation proceedings under Section 366 of the Code of Criminal Procedure, 1973, examined the evidence and found the case to fall within the rarest of rare category, confirming the death sentence. The court noted that the accused had kidnapped and murdered a minor girl in a brutal manner, and the sentence was appropriate.
Headnote
A) Criminal Law - Confirmation of Death Sentence - Section 366 CrPC - Rarest of Rare Cases - The High Court considered whether the death sentence imposed by the trial court for the murder of a minor girl should be confirmed. The court examined the evidence and found the case to fall within the rarest of rare category, confirming the death sentence. (Paras 1-2) B) Criminal Law - Kidnapping and Murder - Sections 363, 302 IPC - Circumstantial Evidence - The accused was convicted for kidnapping and murdering a minor girl based on circumstantial evidence, including last seen together, recovery of the body, and motive. The court upheld the conviction. (Paras 2-3)
Issue of Consideration
Whether the death sentence imposed on the respondent-accused for the murder of a minor girl should be confirmed under Section 366 of the Code of Criminal Procedure, 1973
Final Decision
The High Court confirmed the death sentence imposed on the respondent-accused for the offences punishable under Sections 363 and 302 of IPC and Section 201 read with Section 34 of IPC.
Law Points
- Confirmation of death sentence under Section 366 CrPC
- Conviction under Sections 363
- 302
- 201 IPC
- Rarest of rare doctrine
