Case Note & Summary
The appellant, Jagdishkumar Rambabu Jat, was convicted by the Additional Sessions Judge, Greater Bombay, for offences under Sections 302 and 354 of the Indian Penal Code (IPC) and sentenced to life imprisonment and one year rigorous imprisonment respectively. The prosecution case was that on 28 November 1999, at about 9:00 a.m., PW2 Rupa, an 18-year-old girl, went to fetch water from a public tap. While returning, the accused caressed her cheek. Rupa narrated this to her parents, who confronted the accused. Subsequently, PW1 Nafisa and her husband, the deceased Islam, also questioned the accused. Enraged, the accused fetched a sharp-edged weapon (rapi) from the shoe factory where he worked and stabbed Islam in the abdomen. Islam succumbed to his injuries later that day. The appellant challenged the conviction on the ground that the evidence was insufficient and that the witnesses were interested. The High Court, per the bench of Smt. V.K. Tahilramani and A.R. Joshi, JJ., examined the testimonies of PW1 Nafisa and PW2 Rupa, finding them natural, consistent, and corroborated by medical evidence. The court noted that the accused's act of caressing Rupa's cheek constituted an outrage of modesty under Section 354 IPC, and the subsequent stabbing of Islam, who intervened, amounted to murder under Section 302 IPC. The court held that the motive was clearly established by the accused's anger at being questioned. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Outraging Modesty - Section 354 IPC - Conviction upheld - Accused caressed a young girl's cheek and later stabbed the deceased who intervened - Evidence of eyewitnesses PW1 and PW2 found credible and consistent - Medical evidence corroborated the stabbing - Motive established by the accused's anger at being questioned - Appeal dismissed (Paras 1-14).
Issue of Consideration
Whether the conviction of the appellant under Sections 302 and 354 of IPC is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence passed by the learned Additional Sessions Judge, Greater Bombay in Sessions Case No.211 of 2000 are upheld.
Law Points
- Murder
- Outraging modesty
- Common intention
- Circumstantial evidence
- Witness credibility
- Motive
- Sentence
Case Details
2012 LawText (BOM) (11) 62
Criminal Appeal No.1524 of 2004
Smt. V. K. Tahilramani, A. R. Joshi
Mr. Arfan Sait (appointed) for the Appellant, Mr. S.A. Shaikh, APP for the Respondent
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Nature of Litigation
Criminal appeal against conviction for murder and outraging modesty
Remedy Sought
Appellant sought acquittal from the High Court
Filing Reason
Appellant challenged the judgment and order of conviction dated 27.7.2004 passed by the Additional Sessions Judge, Greater Bombay
Previous Decisions
The trial court convicted the appellant under Sections 302 and 354 IPC and sentenced him to life imprisonment and one year RI respectively.
Issues
Whether the conviction under Section 302 IPC is sustainable
Whether the conviction under Section 354 IPC is sustainable
Submissions/Arguments
Appellant argued that the evidence was insufficient and witnesses were interested
Respondent argued that the evidence of PW1 and PW2 was credible and corroborated by medical evidence
Ratio Decidendi
The evidence of eyewitnesses PW1 and PW2 is credible, consistent, and corroborated by medical evidence. The accused's act of caressing the cheek of a young girl constitutes outraging modesty under Section 354 IPC, and the subsequent stabbing of the deceased who intervened amounts to murder under Section 302 IPC. The motive is clearly established by the accused's anger at being questioned.
Judgment Excerpts
The appellant/orig. accused has challenged the judgment and order dated 27.7.2004 passed by the learned Additional Sessions Judge, Greater Bombay in Sessions Case No.211 of 2000.
PW2 Rupa, a young girl of about 18 years of age at the time of the incident, was residing along with her family including her mother PW3 Nirmala in Maa Saheb Ambedkar Nagar Slum, Mumbai.
The accused smiled at her and then he caressed her cheek with his hand.
Islam also asked the accused why he had teased Rupa.
He went inside the factory and came with a rapi i.e. a sharp edged weapon and pierced it in the abdomen of Islam.
Procedural History
The appellant was convicted by the Additional Sessions Judge, Greater Bombay on 27.7.2004 in Sessions Case No.211 of 2000. He appealed to the High Court of Bombay through jail. The High Court heard the appeal and dismissed it on 26.11.2012.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 302, 354
