Case Note & Summary
The case emanated from a heinous incident dated 22-08-2014 where a 16-year-old schoolgirl was raped and murdered near Hanumanwadi, Parner, Ahmednagar. The victim was last seen at 5:15 p.m. by her cousin Amol, who later saw the three accused following her on a motorcycle. Her sandals were found on the road, and her dead body was recovered from a canal around 7:00 p.m. An FIR was lodged by her uncle Sandip at Parner Police Station, leading to registration of crimes under Sections 302, 376 IPC and the POCSO Act against unknown persons. Investigation revealed that accused No.1 had been teasing the victim and had threatened her, as informed by witness Aishwarya on the next day. An extra-judicial confession by accused No.1 to witness Gani Pathan implicated all three accused. The accused were arrested, and recoveries of a screwdriver, stone, clothes, and motorcycle were made based on their statements. Chemical analysis matched mud samples and detected blood on the underwear of accused Nos. 2 and 3. The trial court convicted all three accused under Sections 302, 376-A, 120-B, 376-D, 376(1)(2)(m) read with Section 34 IPC and Sections 3, 4, 5, 6 of the POCSO Act. Death penalty was awarded for the offences under Sections 302 and 376-A, and life imprisonment for the others. The trial court found the crime barbaric, with no scope for reformation, and noted the lack of remorse. The High Court heard the appeals against conviction and the reference for confirmation of death sentence. The judgment discussed the evidentiary value of extra-judicial confession, its admissibility as an exception to the hearsay rule, and its interaction with circumstantial evidence under Sections 6, 7, and 8 of the Evidence Act. The court examined whether the trial court's death sentence was warranted, considering the aggravating circumstances. The provided excerpt of the judgment covers the factual background, procedural history, and legal analysis but does not include the final operative order of the High Court.
Headnote
A) Evidence - Extra-Judicial Confession - Admissibility and Scope - Indian Evidence Act, 1872, Sections 6, 7, 8, 24 - The court observed that a confession is an exception to the hearsay rule and may include admissions of relevant circumstances such as motive, preparation, opportunity, weapon, intention, and subsequent conduct. Statements made shortly after the crime are relevant under Section 6. Relevant facts under Sections 7 and 8 may also be found in the confession. Evidence of extra-judicial confession and circumstantial evidence can be considered separately or together. (Para 15) B) Criminal Law - Death Penalty - Aggravating and Mitigating Circumstances - Indian Penal Code, 1860, Sections 302, 376-A - The trial court, whose findings were under review, held that the crime was heinous, committed against an innocent 16-year-old girl, and that the accused showed no remorse and had no possibility of reformation. The court considered the age difference and the fact that accused No.1 was a father of two daughters as further aggravating factors. (Para 14)
Issue of Consideration
Whether the death penalty awarded by the trial court should be confirmed, and whether the convictions based on circumstantial evidence and extra-judicial confession are sustainable.
Final Decision
High Court delivered judgment on 17-10-2019 after hearing appeals and reference for confirmation of death sentence. The provided text includes factual background, trial court's reasoning, and legal analysis of evidence law but does not include the final operative order.
Law Points
- confession as exception to hearsay rule
- relevancy under section 6 of Evidence Act
- facts relevant under sections 7 and 8 of Evidence Act
- circumstantial evidence and extra-judicial confession considered together or separately
