Case Note & Summary
The appellant, Shri Krishna Narayan Pardhi, was convicted by the Adhoc District Judge and Additional Sessions Judge, Kalyan, for offences punishable under Sections 302, 376, 366-A and 506 of the Indian Penal Code, and sentenced to life imprisonment and other terms. The case arose from the death of a minor girl, Sujata Shelkande, aged about 10-12 years, whose body was found near a well on 8th April 2010. Initially believed to be accidental, the post-mortem revealed injuries indicating sexual assault and strangulation. The prosecution's case was based on circumstantial evidence, including the last seen theory: the appellant was seen taking the deceased to a field, and later her body was found. Motive was established as the appellant suspected the deceased's mother of practicing witchcraft causing his wife's death. The appellant challenged his conviction on appeal. The High Court examined the evidence, including testimonies of witnesses and medical reports, and found that the chain of circumstances was complete and consistent only with the guilt of the appellant. The court upheld the conviction and dismissed the appeal.
Headnote
A) Criminal Law - Circumstantial Evidence - Last Seen Theory - Conviction for Murder and Rape - Sections 302, 376, 366-A, 506 Indian Penal Code, 1860 - Appeal against conviction for rape and murder of a 10-12 year old girl - Prosecution relied on last seen evidence, motive, and medical evidence - Court held that the chain of circumstances was complete and pointed only to the guilt of the appellant - Appeal dismissed (Paras 1-30).
Issue of Consideration
Whether the conviction of the appellant under Sections 302, 376, 366-A and 506 of the Indian Penal Code based on circumstantial evidence is sustainable.
Final Decision
Appeal dismissed. Conviction and sentence upheld.
Law Points
- Circumstantial evidence
- last seen theory
- motive
- chain of circumstances
- conviction for murder and rape
- Section 302 IPC
- Section 376 IPC
- Section 366-A IPC
- Section 506 IPC
