Case Note & Summary
The present appeal was directed against the judgment and order dated 20th September 2011 passed by the Additional Sessions Judge, Thane in Sessions Case No. 239 of 2008, whereby the appellant Aslam Jamdar Ansari was convicted for offences under Sections 364, 302, and 201 of the Indian Penal Code and sentenced to rigorous imprisonment for five years, life imprisonment, and three years respectively, with fines. The prosecution case was that the appellant kidnapped Saynabano, the daughter of the informant Asmohammed Ansari, on 4th March 2008, sexually harassed and murdered her, and then threw her body into a well. The body was discovered on 8th March 2008, and the accused was arrested on 12th March 2008. The prosecution relied on circumstantial evidence, including the testimony of witnesses who last saw the deceased in the appellant's company, a judicial confession recorded under Section 164 of the Code of Criminal Procedure, and various recoveries. The appellant contended that he was falsely implicated, there was no direct evidence, the chain of circumstances was incomplete, the judicial confession was retracted and obtained under inducement, the motive was improbable, and the investigation was flawed. The State supported the conviction, arguing that the circumstantial evidence formed a complete chain and the judicial confession was voluntary and properly recorded. The High Court heard both sides and examined the evidence. However, the provided judgment text is incomplete and does not contain the court's analysis or final decision. Therefore, the outcome of the appeal and the court's reasoning are not available from the given excerpt.
Issue of Consideration
Whether the trial court's conviction based on circumstantial evidence and a retracted judicial confession was justified.
Case Details
2018 LawText (BOM) (10) 95
Criminal Appeal No. 185 of 2012
S.S. Shinde, A.S. Gadkari
Mrs. Farhana Shah for Appellant, Mr. J.P. Yagnik, A.P.P. for Respondent-State
The State of Maharashtra, Asmohammed Moharali Ansari
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Nature of Litigation
Criminal appeal against conviction
Remedy Sought
Appellant seeks to set aside conviction and sentence
Filing Reason
The accused was convicted for kidnapping, murder, and causing disappearance of evidence; he challenged the conviction
Previous Decisions
Trial court convicted the appellant in Sessions Case No. 239 of 2008 on 20th September 2011
Issues
Whether the trial court's conviction based on circumstantial evidence and a retracted judicial confession was justified.
Submissions/Arguments
Appellant argued false implication, no eye witness, circumstantial evidence did not form a complete chain, reliance on retracted judicial confession without corroboration, confession was involuntary due to inducement and pressure, motive improbable, T.I. parade not lawful, recoveries suspicious, and contradictions in prosecution evidence.
Respondent-State argued that circumstantial evidence established the chain beyond reasonable doubt, last seen evidence placed the deceased with the appellant, judicial confession was properly recorded after due procedure and reflection time, and the trial court correctly convicted the appellant.
Judgment Excerpts
The defence of the Accused is of total denial.
the case of the prosecution is based upon the circumstantial evidence only
the Appellant had made judicial confession before JMFC, Bhiwandi and same was recorded in accordance with relevant procedure
death of Saynabano was homicidal
Procedural History
The appellant was convicted by Additional Sessions Judge, Thane in Sessions Case No. 239 of 2008 on 20th September 2011 for offences under Sections 364, 302, 201 IPC and sentenced to rigorous imprisonment. He filed the present appeal against the conviction. During the pendency of the appeal, he also filed Criminal Application No. 718 of 2016 for early hearing.
Acts & Sections
- Indian Penal Code, 1860: 364, 376(f), 302, 201
