Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code |
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. 3021201134 and 376 - Rape and murder of a child of six years - Trial court relying on circumstantial evidence convicting the accused and sentencing each of them to death - Sentence commuted to life imprisonment by High Court - HELD: Courts below have rightly held the circumstances cumulatively completing the chain pointing towards guilt of the accused only - Sentence awarded by High Court calls for no interference - Circumstantial evidence. Juvenile Justice (Care and Protection of Children) Act, 2000: s. 7-A -ยท Plea of juvenility - HELD: School leaving certificate produced only after conviction, and primary evidence like entries from birth register having not been produced and, as such, there being no satisfactory/adequate material, there is no reason to call for report about age of accused at the time of commission of offence - Penal Code, 1860 - ss. 3021201134 and 376 FIR - It is not necessary that names of all the witnesses be mentioned in FIR.The accused-appellants faced criminal trial for offences punishable u/ss 302134, 201134, 376 and 377 IPC. The prosecution case was that on the morning of 25.9.2003, the daughter of PW-4, a child of six years went out to answer the call of nature. When she did not return for quite some time, and efforts to search her out yielded no result, PW-4 lodged a report of her disappearance. In the night between 25.9.2003 and 26.9.2003 at about 1.30 A.M, when PW-4 with his fellow migrant labourers from Nepal (PWs-2,3 and 5), outside of his hutment, was waiting for his daughter, they saw four persons (the accused) throwing a dead body of a child from a gunny bag in the nearby vacant plot. PWs-2 to PW-5, raised an alarm and apprehended the accused. They found the c dead body to be of the daughter of PW-4. The accused were handed over to the police which registered a case u/ss 302/201/34 IPC. Since after receiving the medical report, it was found that the child was raped by more than one person and carnal intercourse also indicated to have been committed on her, offences punishable u/ss 376 and 377 were also added. The trial court found the chain of circumstances complete pointing out towards the guilt of the accused and, accordingly convicted them u/ss 302/ 34, 201/34, 376 and 377 IPC and sentenced each of them to death. The High Court maintained the conviction u/ss 302/34, 201/34 and 376 IPC, but commuted the death sentence to imprisonment for life. The conviction and .. sentence u/s 377 IPC was, however, set aside . In the appeal filed by the accused, it was contended for the appellants that there were inconsistencies in the evidence of PWs 2 to 5 and it was not probable for these witnesses to have seen in the midnight the dead body being thrown from the gunny bag. It was also pleaded that accused A-1 and A-2 were juvenile within the meaning of Juvenile Justice (Care and Protection of Children) Act, 2000 on the date of incident and the trial held under CrPC was illegal. |
Judge | Honble Mr. Justice R. M. Lodha |
Neutral Citation | 2009 INSC 268 |
Petitioner | Pawan |
Respondent | State Of Uttaranchal |
SCR | [2009] 3 S.C.R. 468 |
Judgement Date | 2009-02-26 |
Case Number | 1000 |
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