Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 302 and 376A Penal Code 1860: ss.363 366 376(2)(i) 377 201 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code 1860: ss. 363, 366, 376(2)(i), 377, 201, 302 and 376A – Prosecution case was that on the fateful day, the minor daughter of complainant was found missing – They went in search for her but she was not found anywhere – When they came back home, PW-3 told them that appellant who was neighbour had said that if they would allow him to conduct worship, he could find the child in an hour – They agreed and after the worship, appellant informed them that the child was tied and kept inside the sack in the bushes – PW-1 informed police and on suspicion, appellant was interrogated and he confessed his crime before police – Thereafter, sack was recovered from bushes containing the blood soaked body of the victim girl – Trial court convicted appellant for offences punishable u/s363, 366, 376(2)(i), 377, 201, 302 and 376A and s.6 of Protection of Children from Sexual Offences Act, 2012 and passed death sentence for the offence punishable u/s.302 – High Court affirmed the conviction and sentence – On appeal, held: For resting a conviction in the case of circumstantial evidence, the circumstances from which the conclusion of guilt is to be drawn, should be fully established, and all the facts so established should be consistent only with the hypothesis of the guilt of the accused – In the instant case, proven circumstances established a chain of circumstances, which lead to no other conclusion than the guilt of the appellant – In the statement recorded under s.313 Cr.P.C., though all these incriminating circumstances were put to the appellant, he did not offer any explanation except saying that it was wrong and false – Conviction u/ss 363, 366, 376(2)(i), 377, 201, 302 r/ws 376A and s.6 of the POCSO Act is maintained – However, taking into consideration the state of mind of appellant, his socio-economic background, etc., it cannot be said that there is no possibility of the appellant being reformed and rehabilitated – Death penalty commuted to life imprisonment. |
Judge | Hon'ble Mr. Justice Bhushan Ramkrishna Gavai |
Neutral Citation | 2021 INSC 882 |
Petitioner | Lochan Shrivas |
Respondent | The State Of Chhattisgarh |
SCR | [2021] 14 S.C.R. 809 |
Judgement Date | 2021-12-14 |
Case Number | 499 |
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