Case Note & Summary
The appellant, Suresh Ratan Nadage, was convicted by the IIIrd Additional Sessions Judge, Thane, for offences under Section 376 (rape) and Section 302 (murder) of the Indian Penal Code, 1860, and sentenced to rigorous imprisonment for seven years and imprisonment for life respectively. The prosecution case was that the deceased, Asha, a minor girl, was last seen with the appellant on the evening of the incident. Her dead body was later found in a secluded area with injuries indicating rape and strangulation. The medical evidence confirmed rape and death due to asphyxia. The appellant was arrested and during investigation, his clothes were found to have bloodstains. The trial court relied on the circumstantial evidence, particularly the last seen theory and the appellant's failure to explain the circumstances, to convict him. The High Court, in appeal, examined the evidence and held that the chain of circumstances was complete and pointed only to the guilt of the appellant. The court noted that the appellant was last seen with the deceased shortly before her death and he failed to provide any explanation for the injuries or his presence. Applying Section 106 of the Indian Evidence Act, 1872, the court held that the burden was on the appellant to explain the incriminating circumstances, which he did not. The appeal was dismissed and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Rape and Murder - Circumstantial Evidence - Last Seen Together - The appellant was convicted for rape and murder of a minor girl based on circumstantial evidence including last seen together and failure to explain incriminating circumstances - The court held that the chain of circumstances was complete and pointed only to the guilt of the appellant (Paras 1-10). B) Evidence Act, 1872 - Section 106 - Burden of Proof - When a fact is especially within the knowledge of a person, the burden of proving that fact is on him - The appellant failed to explain how the deceased sustained injuries while in his company, leading to an adverse inference (Paras 8-10).
Issue of Consideration
Whether the conviction of the appellant under Sections 376 and 302 of the Indian Penal Code based on circumstantial evidence is sustainable.
Final Decision
Appeal dismissed; conviction and sentence under Sections 376 and 302 IPC upheld.
Law Points
- Circumstantial evidence
- last seen together
- presumption under Section 106 of Evidence Act
- conviction for rape and murder
- Indian Penal Code sections 376 and 302
