Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860- ss. 302 Penal Code 376 rlw s. 511 - Murder- C Attempt to rape |
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. 302, 376 rlw s. 511 - Murder- C Attempt to rape - Victim, an 18 year old girl - Her neck cut with a sickle - Circumstantial evidence, viz. a) sniffer dog- tracking evidence, b) recovery of sickle, c) recovery of clothes of accused-appellant and d) past conduct of appellant pertairiing to eve teasing of the deceased -. Conviction of D appellant- Justification - Held: Justified - There was no delay in reporting the matter to the police - Merely because PW-1 was father of the deceased, his evidence could not be doubted on that count in absence of any suspicion - PW-9, produced to prove the recovery memo, was not a chance witness - His E presence being most natural and probable, his evidence was creditworthy and acceptable - Defence plea that the polythene bag in which the sickle was wrapped and taken by the 10 was without any seal at the time of recovery, untenable on the face of recovery memo itself - Since nobody was . F named in the FIR, the 10 took help of dog squad and the appellant was tracked - Appellant who was then taken into custody gave. statement regarding commission of crime - A{ his instance, ·the sickle as well as blood stained clothes were . recovered. - Plea that the alleged recovery of clothes i.e. G gamchha 'and baniyan did not satisfy the mandate of s.27 of the Evidence Act, not sustainable - Further, the Doctor gave statement tha(the injury caused upon the victim could have been caused by the sickle so recovered - The incident clearly reflected upon the motive of the appellant - Earlier episode of eve teasing of the girl indicates that the appellant wanted sex with her and made forcible attempt to rape her and when the girl resisted, it enraged and provoked him to eventually commit the heinous act of murder - No evidence to suggest that PW1 had any enmity or grudge with anyone who may be suspected to have committed the murder - All the circumstances proved that it was nobody else but the appellant who attempted to commit rape and murdered the daughter of PW1 :.. Conviction of appellant accordingly affirmed. A B c Sentence I Sentencing - Murder - Attempt to rape - Accused-appellant attempted to commit rape and murdered an 18 year old girl - Imposition of death sentence upon appellant - Sustainability - Held: Circumstantial evidence led to only one conclusion that appellant attempted to commit rape and because of resistance, committed murder of the girl D - Appellant was young i.e. aged about 21 years at the time of offence - He had no criminal antecedents - Need to balance the mitigating circumstances against the need for imposition of capital punishment - Considering the age of appellant, possibility of reforming him not ruled out - He could E not be termed as social menace - Further, the case not falling under the "rarest of rare" category - Death sentence imposed upon the appellant commuted to life imprisonment - Penal Code, 1860 - ss. 302, 376 rlw s. 511. |
Judge | Hon'ble Mr. Justice S.J. Mukhopadhaya |
Neutral Citation | 2014 INSC 327 |
Petitioner | Lalit Kumar Yadav @ Kuri |
Respondent | State Of Uttar Pradesh |
SCR | [2014] 8 S.C.R. 668 |
Judgement Date | 2014-04-25 |
Case Number | 1022 |
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 |