Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 201 - Rape and murder of a seven year old girl - Conviction 302 376 Penal Code 1860: ss. 366 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860: ss. 366, 376, 302, 201 - Rape and murder of a seven year old girl - Conviction based on circumstantial evidence -Allegation that the accused was working as a mason in the house of victim's grandfather -Accused sent victim to the betel shop to get betel for him - Few minutes after the victim left, accused proceeded towards the betel shop and got the victim seated on his bicycle -Victim was last seen with the accused - Confession by accused that he raped the victim and thereafter killed her - The dead body of the victim found pursuant to the statement given by the accused - Courts below convicted the accused and ordered death sentence - Held: The circumstances unerringly pointed towards the guilt of the accused and the chain was so complete that there was no escape from the conclusion that the crime was committed by the accused and none else - Conviction upheld - As regards the sentence, accused was a matured man aged about 43 years and held a position of trust and misused the same in a calculated and pre-planned manner - The postmortem report showed various injuries on the face, nails and body of the child - These injuries showed the gruesome manner in which she was subjected to rape - Victim was an innocent child who did not provide even an excuse, much less a provocation for murder - This act no doubt invited extreme indignation of the community and shocked the collective conscience of the society - The case in hand fell in the category of the rarest of the rare cases and the courts below had correctly imposedthe death sentence - Sentence/Sentencing.Evidence: Circumstantial evidence - Held: In a case based on circumstantial evidence, the circumstances from which an inference of guilt is sought to be drawn are to be cogently and firmly established - The circumstances so proved must unerringly point towards the guilt of the accused. It should form a chain so complete that there is no escape from the conclusion that the crime was committed by the accused and none else - It has to be considered within all human probability and not in fanciful manner - Such evidence should not only be consistent with the guilt of the accused but inconsistent with his innocence.Sentence/Sentencing: Broad guidelines for imposition of death sentence - Discussed. |
Judge | Hon'ble Mr. Justice C.K. Prasad |
Neutral Citation | 2011 INSC 319 |
Petitioner | Md. Mannan @ Abdul Mannan |
Respondent | State Of Bihar |
SCR | [2011] 5 S.C.R. 518 |
Judgement Date | 2011-04-20 |
Case Number | 379 |
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