Case Note & Summary
The case arose from the kidnap, rape, and murder of a five-year-old girl, Chakuli, in Nerli village, Kolhapur district, on the night of 24 October 2007. The accused, Babu alias Ravindra Suresh Kamble, a labourer known to the family, was charged under Sections 363, 376(2)(f), 302, and 201 of the Indian Penal Code. The trial court, the Additional Sessions Judge, Kolhapur, in Sessions Case No. 73 of 2008, convicted the accused and sentenced him to death for murder, along with imprisonment for the other offences. The death sentence reference was made to the Bombay High Court, and the accused also appealed against his conviction. The prosecution case, based entirely on circumstantial evidence, established that on 24.10.2007 at about 7.30 p.m., the accused visited the victim's house and lured her away with a chocolate. The child was last seen with the accused by multiple witnesses between 8.00 and 8.30 p.m. that night. Despite a search and a missing announcement, she remained untraced until her naked, decomposed body was found on 29.10.2007 in a sugarcane field. A dog squad led the police to the accused's house. A postmortem revealed that the girl had been raped and died due to throttling with multiple rib fractures. The accused was found to have a recent scar on his private part. The trial court convicted him and imposed the death penalty. On appeal, the High Court examined the evidence, particularly the testimony of the last-seen witnesses, whose statements were recorded belatedly and who had not reported the sighting to the parents immediately. The court found that each witness provided a plausible explanation for the delay: one had left the village for a religious trip and had not heard the missing announcement, while another was also unaware. The court held that the chain of circumstances, including the last-seen evidence, preparation by the accused (buying chocolate and liquor), his frightened conduct after the incident, and the recovery of the chocolate wrapper, conclusively proved his guilt. The High Court confirmed the death sentence and dismissed the appeal, holding that the conviction was well-founded on the circumstantial evidence.
Headnote
A) Criminal Law - Circumstantial Evidence - Last Seen Theory - Indian Penal Code, 1860, Sections 302, 363, 376(2)(f), 201 - The prosecution relied on the testimony of four witnesses who saw the accused with the five-year-old victim shortly before her disappearance on the night of 24.10.2007. The defence challenged their credibility on the ground that they failed to inform the parents after a missing announcement and their statements were recorded belatedly. The court found that each witness had a satisfactory explanation: one was away on a pilgrimage and had not heard the announcement, another had also not heard it. Held, the last seen evidence was credible and formed a strong link in the chain of circumstances (Paras 7-12). B) Criminal Law - Circumstantial Evidence - Chain of Circumstances - Indian Penal Code, 1860 - The case was entirely based on circumstantial evidence. The court noted that the prosecution enumerated seven incriminating circumstances, including last seen, preparation, subsequent conduct, and recovery. The court, after considering the evidence of last seen witnesses and rejecting the defence’s objections, found that the chain of circumstances was complete and pointed only to the guilt of the accused. Held, conviction and death sentence were justified (Paras 5-6, 11-12).
Issue of Consideration
Whether the conviction and death sentence for offences under Sections 302, 363, 376(2)(f), 201 IPC based on circumstantial evidence is sustainable.
Final Decision
The High Court confirmed the death sentence and dismissed the appeal, holding that the conviction under Sections 302, 363, 376(2)(f), and 201 IPC was proper based on circumstantial evidence.
Law Points
- Circumstantial evidence
- Last seen together
- Chain of circumstances
- Corroboration of witnesses
- Medical evidence
- Delayed witness statements explained
- Discovery under Section 27 Evidence Act
