Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rape double murder |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 - ss. 376, 302, 302 r/w 201 and 506 - Rape followed by double murder - Allegation that appellant struck a blow with 'poorikatai' on the head of his sister-in-Jaw due to which she fell unconscious and then he had sexual intercourse with her and thereafter, he attacked her 13 months' old daughter on which she also became unconscious - Appellant-accused then allegedly caused death of his sister- in-Jaw and her daughter by pouring kerosene and setting them on fire - Conviction of appellant-accused alongwith sentence of life imprisonment - Justification - Held: Justified - Extra- judicial confession by appellant to PW-2 rightly accepted by trial Court as same was within the parameters of law and withstood the test of reasonableness and credibility - Evidence of PWs 2 & 3 made it clear that appellant had the motive, namely, he had a lustful eye towards his sister-in-law, which was proved beyond doubt - Since she refused to accede to the wish of appellant, he forcibly raped her - Evidence of PWs 1,2 and 3 amply proved various circumstances as pleaded by the prosecution - Prosecution established all the links including the fisting of the child and laying her nearby the sister-in-law of appellant when she became unconscious and thereafter, bu ming both of them to death by pouring kerosene - Likewise, prosecution also proved the other circumstances, namely, threat to PW-2 with dire consequences and making her to speak to PW-1 over phone impersonating the deceased, to make it a suicidal case - Not only appellant had the knowledge that he had committed the heinous crime but he also caused disappearance of evidence and had the intention to screen the offence by burning the body of his sister-in-law and her child - Reports submitted by the Scientific Officers, viz., PWs 11 and 16, coupled with the post mortem certificate and the evidence of Medical Officer, established beyond doubt that it was a clear case of murder. Overall assessment of evidence of prosecution witnesses clearly established the circumstances against the accused in a cogent manner. Evidence - Confession - Extra-judicial Confession - When can be relied upon - Held: If extra-judicial confession is voluntary and made in a fit state of mind, it can be relied upon along with other materials. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2013 INSC 328 |
Petitioner | Kumar |
Respondent | State Of Tamil Nadu |
SCR | [2013] 6 S.C.R. 434 |
Judgement Date | 2013-05-09 |
Case Number | 1450 |
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