Case Note & Summary
The matter pertained to a criminal appeal before the Supreme Court of India against the judgment of the High Court of Punjab and Haryana dated 18.10.2022, which dismissed the appellant's appeal against conviction. The appellant, Sahab Singh alias Sat Pal, was convicted by the Session Judge, Ambala, in case No. 11 of 2007 for offences under Sections 302, 201, and 377 of the Indian Penal Code, 1860. The trial court sentenced him to life imprisonment for murder, five years for causing disappearance of evidence, and ten years for unnatural offences, with all sentences to run concurrently. The appellant had served over sixteen years and seven months of incarceration at the time of the Supreme Court hearing. The prosecution case arose out of FIR No. 70 of 2007 registered at Police Station Baldev Nagar, District Ambala, on 12.03.2007. The complainant, Balbir Singh, father of the six-year-old deceased Gaurav, stated that his son went to attend a marriage on 11.03.2007 at about 8:00 pm and did not return. After searching, the child's body was found in an old well behind the post office in village Kakru, with one hand and leg visible. The post-mortem report indicated the cause of death as asphyxia due to smothering and cervical spinal injury. There were injuries to the anus and anal area, leading to samples being taken. There was no direct evidence of the offence; the case was based on circumstantial evidence and the theory of last seen together. The prosecution alleged that the appellant was last seen with the deceased when he bought a packet of namkeen and two cold tablets from a shop. He allegedly gave a tablet and namkeen to the child, committed unnatural sexual assault, smothered him to death, and threw the body in a well. Two days later, the appellant allegedly went to the village Sarpanch and made an extra-judicial confession, narrating the entire incident. The Sarpanch took him to the police station. The appellant then identified the spot and certain recoveries were made based on his disclosure statement, including a packet of namkeen, slippers, and a pant of the deceased. The FIR was registered on the statement of the father, and the body was recovered. The appellant was produced before the SHO by the Sarpanch on 14.03.2007. The alleged disclosure statement and demarcation memo were prepared, detailing the sequence of the crime. The trial court convicted the appellant and the High Court dismissed his appeal. The Supreme Court's final decision is not contained in the provided excerpt, and the text ends mid-sentence.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction for murder of child by smothering - Appellant was convicted and sentenced to life imprisonment for murdering six-year-old Gaurav by smothering his mouth and nose after committing unnatural sexual assault - Trial Court held the appellant guilty and sentenced him to life imprisonment and fine; High Court dismissed appeal (Paras 1-2, 12). B) Criminal Law - Unnatural Offences - Section 377 Indian Penal Code, 1860 - Conviction for carnal intercourse against order of nature - Appellant was convicted for committing unnatural sexual act with a child after removing his pant, causing pain to the child - Trial Court sentenced the appellant to ten years rigorous imprisonment (Paras 1-2, 12). C) Criminal Law - Causing Disappearance of Evidence - Section 201 Indian Penal Code, 1860 - Conviction for causing disappearance of evidence - Appellant threw the child's body in an old well to screen himself from legal punishment - Trial Court sentenced five years rigorous imprisonment (Paras 1-2, 12). D) Criminal Law - Circumstantial Evidence - Last Seen Together - No direct evidence existed; case rested on theory of last seen together, extra-judicial confession, and recoveries - Prosecution alleged appellant was last seen with deceased purchasing namkeen and cold tablets, after which the child disappeared - Trial Court relied on circumstantial evidence to convict (Paras 2, 11-12). E) Criminal Law - Extra-Judicial Confession - Sarpanch Witness - Accused allegedly made extra-judicial confession before village Sarpanch, admitting guilt and narrating the incident - Sarpanch took accused to police station on 14.03.2007 - Disclosure statement and demarcation memo were prepared thereafter (Paras 2, 11-13).
Issue of Consideration
Whether the conviction under Sections 302, 201 and 377 IPC was sustainable based on circumstantial evidence, including last seen together, extra-judicial confession, and recoveries; and whether the High Court erred in dismissing the appeal.
Law Points
- conviction based on circumstantial evidence
- last seen together
- extra-judicial confession
- disclosure statement
- recovery of case property
- asphyxia due to smothering
- cervical spinal injury
- unnatural sexual assault
- murder of minor
- causing disappearance of evidence
