Case Note & Summary
The appellant, Santosh Hanmant Gavandi, was convicted by the learned Additional Sessions Judge, Solapur, under Section 302 of the Indian Penal Code for the murder of his one-and-a-half-year-old daughter, Aarti, by smothering her with a pillow. The incident occurred on 30 August 2008 when the appellant's wife, Kirti (PW1), was not at home. The prosecution's case relied primarily on the testimony of the child witnesses, the daughters of the appellant, and the postmortem report indicating death due to asphyxia by smothering. The appellant denied the allegations and claimed false implication. On appeal, the Bombay High Court examined the evidence and found that the prosecution had not presented credible and reliable evidence to establish the appellant's guilt beyond reasonable doubt. The court noted that the child witnesses' testimony was inconsistent and lacked corroboration. The medical evidence, while confirming the cause of death as smothering, did not directly link the appellant to the act. The court emphasized that in a criminal case, the burden of proof lies on the prosecution, and the accused is entitled to the benefit of doubt. Consequently, the High Court allowed the appeal, set aside the conviction and sentence, and ordered the appellant's release unless required in any other case.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Section 302 Indian Penal Code, 1860 - Conviction based on sole testimony of child witness and circumstantial evidence - Court held that the prosecution failed to prove the guilt of the appellant beyond reasonable doubt as the evidence was not credible and reliable - Appeal allowed, conviction set aside (Paras 4-6).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code for the murder of his daughter by smothering is sustainable based on the evidence on record.
Final Decision
Appeal allowed. The conviction and sentence imposed by the learned Additional Sessions Judge, Solapur in Sessions Case No.277 of 2008 are set aside. The appellant is acquitted of the charge under Section 302 IPC. He be set at liberty forthwith unless required in any other case.
Law Points
- Criminal Law
- Murder
- Circumstantial Evidence
- Burden of Proof
- Benefit of Doubt
