Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 376 (2) (f) IPC Section 302 Circumstantial Evidence chain of circumstances |
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.302, 376(2)(f) - Rape and murder of 4 years old minor girl - Conviction based on circumstantial evidence - Held: The incriminating circumstances clearly established and the chain of circumstances conclusive in nature to lead to a definite conclusion that the crime was committed by the appellant - The crime was committed in an inhuman manner - The appalling cruelty shown by him to the minor girl child was extremely shocking and it gets accentuated, when his age is taken into consideration.- The offence was not committed under any mental stress or emotional disturbance and it is ยท difficult to comprehend that he would not commit such acts and would be reformed or rehabilitated - As the circumstances would graphically depict, he would remain a menace to the society, for a defenceless child has become his prey - There were no mitigating circumstances - A helpless and defenceless child gets raped and murdered because of the acquaintance of the appellant with the people of the society- This is not only betrayal of an individual trust but destruction and devastation of social trust- It irrefutably invites the extreme abhorrence and indignation of the collective - It meets the test of rarest of the rare case - Conviction and death sentence affirmed. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2014 INSC 1033 |
Petitioner | Vasant Sampat Dupare |
Respondent | State Of Maharashtra |
SCR | [2014] 14 S.C.R. 961 |
Judgement Date | 2014-11-26 |
Case Number | 2486-2487 |
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