Case Note & Summary
The Bombay High Court heard criminal appeals filed by four accused/appellants against their conviction by the Additional Sessions Judge, Greater Bombay, in Sessions Case No. 680 of 2006 on 24th October 2008. The trial court convicted the appellants under Sections 363, 366, 377, 302, 201 read with Section 34 of the Indian Penal Code, 1860, for offenses including kidnapping, gang rape, sodomy, and murder of a three-and-a-half-year-old girl. The prosecution case was that the minor victim was kidnapped from near her home on 7th April 2006 by the appellants, who were known to wield terror in the locality. The motive was allegedly a prior altercation with the victim's father, a medical shop owner, who refused to give them Restyl tablets without a prescription. The victim was taken to a construction site of public toilets, subjected to sexual assault, murdered, and her body dumped in a water tank. The body was discovered on 9th April 2006, leading to an FIR and investigation. The prosecution relied on circumstantial evidence, including last seen witness, identification parades, and recoveries. The trial court convicted the accused, sentencing them to life imprisonment and other terms. The appeals were argued before a division bench comprising Justices V.K. Tahilramani and A.M. Badar. The judgment excerpt provided does not contain the court's analysis or final decision on the appeals.
Issue of Consideration
CRIMINAL APPEAL NO.255 OF 2009
Case Details
2017 LawText (BOM) (01) 29
Criminal Appeal No.255 of 2009 and Criminal Appeal No.1241 of 2008
V.K. Tahilramani, A.M. Badar
Mrs. Nasreen S..K.Ayubi, Mr. Aniket Vagal, Mr. Ashish Shastri, Mr. Arfan Sait
Mohd. Samir Mohd. Juber Shaikh, Asif Mansoorali Ansari, Mohd. Sharif @ Badshaha Shamim Khan, Parvej Ahmed @ Guddu @ Vastav Shamim Khan
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Nature of Litigation
Criminal appeal against conviction under IPC for kidnapping, rape, sodomy, and murder of a minor.
Remedy Sought
Appellants seeking acquittal by setting aside the trial court's judgment of conviction and sentence.
Filing Reason
Conviction by trial court based on circumstantial evidence; appellants challenge the findings.
Previous Decisions
Trial court (Additional Sessions Judge, Greater Bombay) convicted the appellants in Sessions Case No.680 of 2006 on 24th October 2008.
Judgment Excerpts
appellants / original accused are challenging the judgment and order dated 24th October 2008 passed by the learned Additional Sessions Judge, Greater Bombay, in Sessions Case No.680 of 2006, thereby convicting them of offences punishable under Sections 363, 366, 377, 302, 201 read with Section 34 of the IPC.
According to prosecution case, appellants / accused persons were wielding reign of terror in the locality.
the minor female victim of the crime in question was kidnapped by all appellants / accused from about 7 p.m. to 8 p.m. of 7th April 2006 from the vicinity of her house.
dead body of a small female child in that tank... the same was found to be that of the minor daughter of PW5 Raju Shikare.
Crime No.91 of 2006 came to be registered on 9th April 2006 itself with Police Station Shivaji Nagar, Mumbai, for offences punishable under Sections 302 and 201 of the IPC.
Procedural History
FIR lodged on 09-04-2006; arrests on 11-04-2006, 19-04-2006, and 16-05-2006; charge-sheet filed for offences under Sections 354, 363, 366, 376(2)(g), 377, 302, 201 r/w 34 IPC; trial before Additional Sessions Judge, Greater Bombay, resulting in conviction on 24-10-2008; appellants filed Criminal Appeal Nos. 255/2009 and 1241/2008; heard on 09-12-2016; judgment pronounced on 10-01-2017.
Acts & Sections
- Indian Penal Code, 1860: 363, 366, 377, 302, 201, 34
