Case Note & Summary
The matter arises from a reference made by the Additional Sessions Judge, Nagpur, under Section 366 of the Code of Criminal Procedure, 1973, for confirmation of the death sentence awarded to original accused no.1 Rakesh Manohar Kamble and original accused no.6 Amarsingh Thakur in Special Criminal Case No. 25/2006. The accused were convicted by the trial court inter alia under Sections 302, 376(2)(g), 364, 366, 506(Part II) and 457 read with Section 34 of the Indian Penal Code. The prosecution case, in brief, is that on the intervening night of 17th and 18th December 2005, in village Lonara, District Nagpur, accused Rakesh, who was working at a poultry farm and creating terror in the village, along with accused Amarsing, forcibly entered the house of Prabha Meshram (PW1). Both accused were armed with a knife and a country-made firearm. Sensing an evil eye on her 19-year-old daughter Kanchan, Prabha signalled Kanchan to flee to the house of her uncle Bhimrao (PW9). The accused chased Kanchan, broke open the door of Bhimrao's house, assaulted Bhimrao, and dragged Kanchan out despite resistance. The villagers, intimidated by the armed accused, could not rescue Kanchan. The accused took Kanchan towards a field. Next morning, Kanchan's clothes were found in the field of one Mankar, and her naked dead body with injuries on cheek, head and breast was discovered in a shrub near the field of Deshpande. The matter was reported to the police, and an FIR was registered against the accused for offences under Sections 364, 302, 456, 376(g) read with Section 34 IPC. The investigation was taken over by the Sub-Divisional Police Officer. Spot panchanamas were prepared, photographs taken, and the body sent for post-mortem. The accused were absconding. Accused Rakesh was arrested on 6th June 2006, and his blood samples and clothes were seized. Accused Amarsing was later arrested on 29th March 2010 while already in jail in another case. A supplementary charge-sheet was filed. During trial, three other co-accused were discharged. The trial court framed charges against the present accused under multiple IPC sections, the Arms Act, and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The defence was one of total denial. At the conclusion of the trial, the Additional Sessions Judge convicted both accused for the offences under Sections 302, 376(2)(g), 364, 366, 506(Part II) and 457 read with Section 34 IPC and sentenced them to death for murder, life imprisonment for gang rape, and various terms of imprisonment for other offences, with fines. They were acquitted of the charges under the Arms Act and the SC/ST Act. The trial court made a reference to the High Court for confirmation of the death sentence, which was registered as Criminal Confirmation Case No. 3 of 2013. The convicted accused also filed Criminal Appeal No. 501 of 2013 challenging the conviction and sentence. At the hearing, the learned Public Prosecutor argued that the prosecution had proved each incriminating circumstance beyond reasonable doubt, establishing a complete chain pointing to the guilt of the accused. She emphasized the evidence of PW1 (the victim's mother), PW2 (the victim's brother) and PW9 (the victim's uncle), asserting that the accused forcibly took Kanchan from the house of PW9 and that she was later found dead. She contended that the circumstances were so interconnected that they admitted of no other hypothesis than that of guilt. The counsel for the accused, Mr. Thote, was appointed to represent them. The judgment records the submissions but does not contain the court's analysis or decision as the text is truncated. The High Court was yet to deliver its final verdict on the reference and the appeal. The matter was heard on 12th March 2014 and judgment was pronounced on 20th March 2014, but the operative part is not included in the available text. Consequently, the final determination on the guilt of the accused, the merits of the appeal, and the confirmation of the death sentence remain unknown from the provided excerpt.
Issue of Consideration
Whether the trial court's conviction and death sentence against the accused for offences under Sections 302, 376(2)(g), 364, 366, 506(Part II), 457 read with Section 34 IPC are maintainable, and whether the death sentence should be confirmed.
Law Points
- Circumstantial evidence
- last seen together
- burden of proof
- death penalty reference
Case Details
2014 LawText (BOM) (03) 125
Criminal Confirmation Case No. 3 of 2013; Criminal Appeal No. 501 of 2013
Mrs. B.H. Dangre, Mr. S.S. Doifode, Mr. R.P. Thote
Rakesh Manohar Kamble @ Niraj Ramesh Wakekar and Amarsing S/o Kisansing Thakur
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Nature of Litigation
Criminal confirmation case under Section 366 of the Code of Criminal Procedure, 1973, for confirmation of death sentence, along with criminal appeal against conviction and sentence.
Remedy Sought
The accused sought quashing of the conviction and sentence passed by the Additional Sessions Judge, Nagpur, in Special Criminal Case No. 25/2006. The State sought confirmation of the death sentence.
Filing Reason
The trial court convicted the accused for gang rape, kidnapping, and murder and imposed the death penalty; hence, a reference was made to the High Court for confirmation, and the accused appealed the conviction.
Previous Decisions
The Additional Sessions Judge, Nagpur, in Special Criminal Case No. 25/2006, convicted the accused under Sections 302, 376(2)(g), 364, 366, 506(Part II), 457 read with Section 34 IPC and sentenced them to death (and other terms), and acquitted them under the Arms Act and SC/ST Act.
Issues
Whether the prosecution evidence establishes the guilt of the accused beyond reasonable doubt for the offences under Sections 302, 376(2)(g), 364, 366, 506(Part II) and 457 read with Section 34 IPC.
Whether the death sentence imposed is justified and warrants confirmation under the 'rarest of rare' doctrine.
Submissions/Arguments
The Public Prosecutor argued that the prosecution has proved each incriminating circumstance beyond reasonable doubt, forming a complete chain that led only to the guilt of the accused. She relied on the evidence of PW1, PW2, and PW9 to show that the accused forcibly took the deceased and she was later found dead, and that the guilt of the accused was the only logical conclusion.
Judgment Excerpts
The accused no.1 Rakesh was working in the poultry farm of one Sharif. He was residing there for quite some time and was creating terror in the village by threatening the villagers of Lonara.
On the fateful mid night of 17th 18th December, 2005 they were sleeping in their house. Accused no.1 Rakesh Kamble had threatened the residents of the Vasti. Thereafter, he demanded water from P.W.1 Prabaha, from the outside of the house. She gave water to him through window of the house. After taking water, he put lota in the window. Accused no.1 Rakesh was asking her to open the door, but she did not open the door. He then gave leg blows on the door of the house. Thereafter, she opened the door. Accused no.1 Rakesh and accused no.6 Amarsingh entered into the house.
Accused nos. 1 and 6 took Kanchan towards the land owned by one Shri Mankar.
The first informant and the villagers were frightened due to said act of Rakesh and his accomplice since they were armed with deadly weapon. Therefore, villagers could not dare to rescue Kanchan.
At around 7.00 a.m. Sanjay Mankar saw the clothes of Kanchan lying in his field. The news spread in the village. The first informant went to see the clothes of Kanchan. On going ahead, the dead body of Kanchan was seen lying in the shrub adjacent to the embankment of field of Shri Deshpande. There was not a single cloth on her person. There were injuries on the cheek, head and breast.
Procedural History
FIR registered on 18th December 2005 at Kalmeshwar Police Station for offences under Sections 364, 302, 456, 376(g), 34 IPC. Investigation taken over by Sub-Divisional Police Officer. Accused absconded. Accused Rakesh arrested on 6th June 2006. Accused Amarsing arrested on 29th March 2010. Chargesheet filed before Judicial Magistrate First Class, Saoner. Case committed to Sessions Court. Trial conducted in Special Criminal Case No. 25/2006. During trial, accused no.2, 3, 4, and 5 discharged. Charges framed against accused no.1 and 6. Judgment dated 28th June 2013 by Additional Sessions Judge, Nagpur, convicting the accused under IPC sections and awarding death sentence, and acquitting under Arms Act and SC/ST Act. Reference made to High Court for confirmation of death sentence, registered as Criminal Confirmation Case No. 3/2013. Accused filed Criminal Appeal No. 501/2013.
Acts & Sections
- Indian Penal Code, 1860: 302, 376(2)(g), 364, 366, 506(Part II), 457, 34, 120B
- Arms Act, 1959: 3 read with 25, 4 read with 25
- Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989: 3(1)(xii)
