Case Note & Summary
The appellant, Chandrabhan @ Aba Jagan Salunke, was convicted by the Additional Sessions Judge, Jalgaon, for offences under Sections 363, 376, 302, and 201 of the Indian Penal Code (IPC) and sentenced to various terms of imprisonment, including life imprisonment for murder and rape. The case arose from the kidnapping, rape, and murder of a minor girl, Chandni, on 10 March 2011. The prosecution case was based on circumstantial evidence, primarily the last seen theory. The victim was last seen with the accused, who offered gram to her and her friend, and then carried her towards a field. The friend, Manisha, reported the incident, and a search party found the accused in a frightened condition without a shirt. The dead body of the victim was later found in a field with injuries. The medical evidence confirmed rape and strangulation. The accused did not offer any explanation for the incriminating circumstances. The High Court upheld the conviction, holding that the chain of circumstances was complete and pointed only to the guilt of the accused. The court also noted that the accused failed to discharge the burden under Section 106 of the Evidence Act. The sentences were directed to run concurrently.
Headnote
A) Criminal Law - Circumstantial Evidence - Last Seen Theory - Conviction based on circumstantial evidence requires complete chain of circumstances pointing only to guilt of accused - In the present case, the deceased was last seen with the accused, the accused failed to explain the incriminating circumstances, and the medical evidence corroborated the prosecution case - Held that the conviction is sustainable (Paras 1-20). B) Evidence Act, 1872 - Section 106 - Burden of Proof - When a fact is within the special knowledge of the accused, the burden lies on him to explain it - The accused failed to explain how the deceased died while in his company - Held that adverse inference can be drawn against the accused (Paras 15-18). C) Indian Penal Code, 1860 - Sections 363, 376, 302, 201 - Kidnapping, Rape, Murder, and Causing Disappearance of Evidence - The accused kidnapped a minor girl, raped her, murdered her, and caused disappearance of evidence - The trial court sentenced him to life imprisonment for murder and rape, and seven years for kidnapping and causing disappearance of evidence - Held that the sentences are appropriate and shall run concurrently (Paras 1-20).
Issue of Consideration
Whether the conviction of the appellant for offences under Sections 363, 376, 302, and 201 of IPC based on circumstantial evidence is sustainable.
Final Decision
The High Court dismissed the appeal and upheld the conviction and sentence passed by the trial court. The sentences were directed to run concurrently.
Law Points
- Circumstantial evidence
- last seen theory
- presumption under Section 106 Evidence Act
- conviction based on chain of circumstances
- concurrent running of sentences
