Case Note & Summary
Criminal Appeal No. 516 of 2012 was filed by accused Jawedkhan @ Tingrya against his conviction and sentence. Criminal Appeal No. 281 of 2012 and Criminal Appeal No. 468 of 2012 were filed by the State of Maharashtra for enhancement of sentence and against acquittal, respectively. The case arose from the brutal sexual assault and murder of a 21-year-old college girl, Mansi, in her flat at Aurangabad on 11-12 June 2009. The prosecution alleged that the accused broke into the house, raped the victim, and murdered her. The body was discovered the next morning by the complainant, Aniket, her brother. The investigation, based on mobile phone records and IMEI tracking, led to the arrest of the accused. The trial court convicted Accused No. 1 for multiple offences, including rape and murder, and sentenced him to life imprisonment along with other terms. Accused Nos. 2 and 3 were convicted for receiving stolen property. The State appealed seeking enhancement of the sentence and reversal of the acquittal for some charges. The High Court heard the appeals together. The judgment contained factual matrix of the prosecution case but the legal analysis and final decision of the High Court were not provided in the extracted text.
Issue of Consideration
Whether the conviction of Accused No. 1 under Sections 456, 457, 458, 392 read with 397, 302, 376, and 201 of the Indian Penal Code is sustainable; whether the trial court\u2019s acquittal of the accused for certain offences is valid; and whether the sentences awarded are adequate.
Case Details
2016 LawText (BOM) (03) 24
Criminal Appeal No. 516 of 2012 with Criminal Appeal No. 281 of 2012 and Criminal Appeal No. 468 of 2012
A. V. Nirgude, Indira K. Jain
Mr. M. A. Tandale (appointed) for Appellant in Cr.A. 516/2012 and for Respondent No. 1 in Cr.A. 281/2012 and 468/2012; Mr. S. P. Sonpawale, APP for Respondent/State in Cr.A. 516/2012 and for Appellant/State in Cr.A. 281/2012 and 468/2012; Mr. N. S. Ghanekar, Advocate for Respondent Nos. 2 and 3 in Cr.A. 281/2012 and 468/2012
Jawedkhan @ Tingrya s/o Habibkhan (in Criminal Appeal No. 516 of 2012), The State of Maharashtra (in Criminal Appeal Nos. 281 and 468 of 2012)
The State of Maharashtra (in Criminal Appeal No. 516 of 2012), Jawedkhan @ Tingrya s/o Habibkhan, Pradip s/o Askaran Chandaliya, Ram s/o Sheshrao Bodkhe (in Criminal Appeal Nos. 281 and 468 of 2012)
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Nature of Litigation
Criminal appeals against conviction and sentence, and for enhancement of sentence and against acquittal.
Remedy Sought
Accused seeking acquittal; State seeking enhancement of sentence and reversal of acquittal.
Filing Reason
Dissatisfaction with the judgment and order dated 24 January 2012 passed by the Additional Sessions Judge-3, Aurangabad in Sessions Case No. 463 of 2009.
Previous Decisions
By judgment dated 24 January 2012, Additional Sessions Judge-3, Aurangabad convicted Accused No. 1 under Sections 456, 457, 458, 392 r/w 397, 302, 376, 201 IPC and sentenced him to rigorous imprisonment for various terms including life imprisonment; convicted Accused No. 2 under Section 411 IPC and Accused No. 3 under Sections 411 and 414 IPC; and acquitted the accused of certain other offences.
Issues
Whether the trial court rightly convicted Accused No. 1 for the offences charged.
Whether the acquittal of the accused for some offences is sustainable.
Whether the sentences awarded are commensurate with the gravity of the offences.
Judgment Excerpts
The instant case reveals a sordid story in which the alleged brutal sexual assault on a young helpless girl followed by merciless murder by dastardly act of the Accused is said to have been committed.
Aniket was shocked to see Mansi lying on the bed in injured condition. Her hands were tied with wire of headphone of mobile and legs were died with big scarf of Mansi.
Procedural History
On 12 June 2009, Aniket Deshpande discovered his sister Mansi murdered in their flat. FIR No. 65/2009 was registered at Jinsi Police Station under Sections 302 and 201 IPC. Investigation led to arrest of Accused No. 1 on 22 June 2009 based on mobile phone tracking and recovery of stolen articles. Accused Nos. 2 and 3 were also arrested. Chargesheet was filed. Trial conducted as Sessions Case No. 463 of 2009 before Additional Sessions Judge-3, Aurangabad. By judgment dated 24 January 2012, the trial court convicted the accused for various offences and acquitted them of some. Criminal Appeal No. 516 of 2012 by Accused No. 1, Criminal Appeal No. 281 of 2012 by State for enhancement, and Criminal Appeal No. 468 of 2012 by State against acquittal were filed in the High Court and heard together. Judgment reserved on 22 January 2016 and pronounced on 8 March 2016.
Acts & Sections
- Indian Penal Code, 1860: 456, 457, 458, 392, 397, 302, 376, 201, 411, 414, 394, 459, 412, 109, 212
