Case Note & Summary
The present criminal appeal was filed by Mukeshbhai Gorchandbhai Chamka against the judgment and order of conviction and sentence dated 14.03.2014 passed by the learned Sessions Judge, Dahod, in Sessions Case No.108 of 2013. The appellant was convicted for offences punishable under Sections 376 and 302 of the Indian Penal Code, 1860, and sentenced to rigorous imprisonment for life with fine for each offence, with sentences to run concurrently. The case arose from an incident on 08.04.2013, when a 13-year-old minor girl attended a marriage ceremony in village Uchvania, Dahod. After the ceremony ended around 12:30 a.m., the appellant took the victim to a lonely field, raped her against her will, and when she shouted for help, smothered her to death, also causing injuries to her private parts. The father of the victim lodged an FIR on the same day at Dahod Rural Police Station, which was registered as I-C.R. No.79/2013 under Sections 376 and 302 IPC. The investigation included inquest panchnama, scene panchnama, postmortem examination, seizure of clothes, FSL reports, arrest of the appellant, and discovery panchnama under Section 27 of the Indian Evidence Act, 1872, at the place shown by the appellant where blood-stained soil and clothes were recovered. The trial court convicted the appellant based on circumstantial evidence, including the last seen theory, discovery of incriminating articles, and medical evidence confirming rape and asphyxia. The appellant challenged the conviction on grounds that the evidence was insufficient and that he was falsely implicated. The High Court, after examining the evidence, held that the chain of circumstances was complete and consistent only with the guilt of the appellant. The court noted that the appellant was last seen with the victim, and the discovery of blood-stained clothes and soil at his instance under Section 27 was admissible. The medical evidence confirmed rape and death due to asphyxia. The court also applied the presumption under Section 114(a) of the Indian Evidence Act, 1872, that if the appellant was last seen with the victim and failed to explain, the court may presume he committed the offence. The court found no merit in the appeal and dismissed it, confirming the conviction and sentence.
Headnote
A) Criminal Law - Rape and Murder - Circumstantial Evidence - Last Seen Theory - Sections 376, 302 Indian Penal Code, 1860 - The appellant was convicted for rape and murder of a 13-year-old girl based on circumstantial evidence including last seen together, discovery of blood-stained clothes and soil at his instance under Section 27 of the Indian Evidence Act, 1872, and medical evidence confirming rape and asphyxia. The court held that the chain of circumstances was complete and pointed only to the guilt of the appellant, rejecting the defence of false implication. (Paras 1-23) B) Evidence Law - Discovery under Section 27 - Section 27 Indian Evidence Act, 1872 - The discovery of blood-stained clothes and soil from the scene of offence at the instance of the appellant was held to be a relevant fact admissible under Section 27, as it led to the discovery of material objects connected with the crime. (Paras 15-18) C) Criminal Law - Presumption under Section 114(a) - Section 114(a) Indian Evidence Act, 1872 - The court applied the presumption that if the appellant was last seen with the victim and failed to explain the circumstances, the court may presume that he committed the offence. (Para 19)
Issue of Consideration
Whether the conviction of the appellant under Sections 376 and 302 IPC based on circumstantial evidence is sustainable in law.
Final Decision
The appeal is dismissed. The judgment and order of conviction and sentence dated 14.03.2014 passed by the learned Sessions Judge, Dahod, in Sessions Case No.108 of 2013 is confirmed.
Law Points
- Circumstantial evidence
- last seen theory
- Section 27 Indian Evidence Act discovery
- presumption under Section 114(a) Indian Evidence Act
- conviction for rape and murder
- concurrent running of sentences
