Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860 - ss. 302 and 376 - Rape followed by murder of a minor girl by strangulation Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Penal Code, 1860 - ss. 302 and 376 - Rape followed A B by murder of a minor girl by strangulation - Prosecution case based on circumstantial evidence - Conviction of accused- C appellant under ss. 302 and 376 IPC - Justification of - Held: Dead body of deceased was found inside the house of appellant-accused with blood stains under the cot - There were blood stains on the bed-sheet and on the floor underneath the cot - The appellant could not offer any explanation whatsoever as how the dead body of the victim girl could reach his house - More so, nothing on record to controvert the evidence of the doctor who conducted the postmortem and opined that there had been sexual assault on the victim and she died of strangulation and there had been ligature marks on her neck -Appellant was present in his house when police arrived there - The alibi taken by the appellant that he had gone to a liquor shop for drinks leaving his house open remained unsubstantiated and was found to be false - In such a fact situation, conviction of appellant affirmed - However, the case does not fall within the "rarest of rare cases" - Punishment of death sentence awarded by the High Court set aside and the sentence of life imprisonment awarded by the Trial Court restored.Evidence - Circumstantial Evidence - Appreciation of - Held: Though - conviction may be based solely on circumstantial evidence, however, the circumstances from which the conclusion of guilt is to be drawn· should be fully established - The same should be of a conclusive nature and exclude all possible hypothesis except the one to be proved - The facts so established must be consistent with the hypothesis of the guilt of the accused and the chain of evidence must be so complete as not to leave any reasonable ground for a conclusion consistent with the innocence of the accused and must show that in all human probability, the act must have been done by the accused. Sentence/ Sentencing - Death sentence - When warranted - Rarest of the rare case - Held: "Rarest of the rare case" comes when a convict would be a menace and threat to the harmonious and peaceful co-existence of the society - The manner in which the crime is committed must be such that it may result in intense and extreme indignation of the community and shock the collective conscience of the society - Where an accused does not act on any spur-of-the-moment provocation and indulges himself in a deliberately planned crime and meticulously executes it, the death sentence may be the most appropriate punishment - The death sentence may be warranted where the victims are innocent children and helpless women - In case the crime is committed in a most cruel and inhuman manner which is in an extremely brutal, grotesque, diabolical, revolting and dastardly manner, where the act affects the entire moral fibre of the society, e.g. crime committed for power or political ambition or indulge in organized criminal activities, death sentence should be awarded - For awarding the death sentence, there must be existence of aggravating circumstances and the consequential absence of mitigating circumstances - As to whether death sentence should be awarded, would depend upon the factual scenario of the case in hand. |
Judge | Hon'ble Dr. Justice B.S. Chauhan |
Neutral Citation | 2011 INSC 700 |
Petitioner | Haresh Mohandas Rajput |
Respondent | State Of Maharashtra |
SCR | [2011] 14 S.C.R. 921 |
Judgement Date | 2011-09-20 |
Case Number | 2030 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |